ROL_2019-10-28_16k.timecode

[00:00.000 --> 00:06.880]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.880 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.520]  Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.520 --> 00:29.760]  $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.760 --> 00:41.520]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash $324.10 a crypto coin.
[00:46.000 --> 00:52.480]  In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[00:52.480 --> 00:58.240]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and
[00:58.240 --> 01:07.520]  entering 40.00 today in history. In recent news, since Governor Greg Abbott signed House Bill
[01:07.520 --> 01:13.200]  1325 legalizing hemp into taxes law back in June, county prosecutors around the state, including
[01:13.200 --> 01:17.360]  Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even
[01:17.360 --> 01:21.440]  refusing to file new ones, since they are stipulating that they do not have the time
[01:21.440 --> 01:26.720]  or the laboratory equipment to test the year for THC. Margaret Moore, the Travis County District
[01:26.720 --> 01:30.720]  Attorney, announced earlier this month that she was dismissing 32 felony possession and
[01:30.720 --> 01:35.440]  delivery of marijuana cases because of the law. Mr. Abbott and other state officials,
[01:35.440 --> 01:39.440]  including the Attorney General, stipulated in a letter to county district attorneys back on
[01:39.440 --> 01:44.480]  Thursday that marijuana has not been decriminalized in Texas, and that these actions demonstrate
[01:44.480 --> 01:51.120]  a misunderstanding of how HB 1325 works, as well as other cities, too, like the District Attorney
[01:51.120 --> 01:57.280]  in El Paso. Cayma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.280 --> 02:02.800]  will not have an effect on the prosecution of marijuana cases in El Paso. However, the issue
[02:02.800 --> 02:07.600]  was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County,
[02:07.600 --> 02:12.000]  who stated that, quote, the law is constantly changing on what makes something illegal based
[02:12.000 --> 02:17.040]  on its chemical makeup. It's important that if someone is charged with something, the test matches
[02:17.040 --> 02:25.760]  what they're charged with. A paper by Tulane University identified a five and a half inch
[02:25.760 --> 02:31.440]  American pocket shark. As the first of its kind in the Gulf of Mexico, the specimen being only
[02:31.440 --> 02:37.600]  the second pocket shark ever captured or recorded with the other one being found way back in 1979
[02:37.600 --> 02:42.240]  in the East Pacific Ocean. According to the university paper, the shark secretes a lumus
[02:42.240 --> 02:48.880]  fluid from a gland near its front fins for the purposes hypothesized to lure and prey
[02:48.880 --> 03:12.960]  who may be drawn in to the glow. This is Wolf Roadie with your lowdown for July 22, 2019.
[03:18.880 --> 03:23.040]  This is what happens when you call the cops. You get your rights violated or you all get
[03:23.040 --> 03:27.360]  shot. I'm sick of people being victimized by criminal cops. Psychopathic predators here
[03:27.360 --> 03:31.120]  arise in neighborhood blocks. Dequip with pepper spray, mate, tough faces and glass.
[03:31.120 --> 03:34.880]  They like serial killers acting out subliminal thoughts. Forget what you're taught. These
[03:34.880 --> 03:38.880]  cops have got a license to kill. Witness intimidation means that they can use it at will.
[03:38.880 --> 03:42.560]  Code of silence means that the pigs will never let out a squeal. And if they go to court, they
[03:42.560 --> 03:46.400]  know the judge will make them a deal. For real, that's why they're stopping me. Locking me up,
[03:46.400 --> 03:50.800]  stopping me, complicating my poverty, talking in my demography, making the poor commodity
[03:50.800 --> 03:54.960]  positive and off of poverty, enforcing the politics, supporting prison economy. Yeah,
[03:54.960 --> 03:59.120]  no one makes money when the violence stops. Hatin' brutality's the way to make a criminal
[03:59.120 --> 04:03.200]  crime. Blood in the gutter's how to rich, whether they bread at the top. That's why this is what
[04:03.200 --> 04:08.720]  happens when you call the cops. This is what happens when you call the cops. This is what happens
[04:08.720 --> 04:13.200]  when you call the cops. This is what happens when you call the cops. You get your rights
[04:13.200 --> 04:18.640]  violated or you won't get shot. This is what happens when you call the cops. This is what
[04:18.640 --> 04:21.680]  happens when you call the cops. All right, folks, good evening. This is the Monday Night
[04:21.680 --> 04:29.520]  Rule of Law radio show with your host, Eddie Craig. It is October 28th, 2019. And I've been
[04:29.520 --> 04:37.840]  doing some studying here last week, and I wrote an article on my legal blog about it. It's the
[04:37.840 --> 04:43.760]  latest article on the blog, in fact. And it has to do with a case I worked on a few years ago
[04:43.760 --> 04:54.640]  dealing with penal code section 38.04, evading arrest or detention. And in that case, the
[04:54.640 --> 05:00.320]  gentleman was charged with felony evasion because he was in his car. He was being stopped out in
[05:00.320 --> 05:07.520]  the middle of nowhere by someone who had no legal basis to actually stop him. But it was a DPS
[05:07.520 --> 05:13.280]  trooper attempting to pull him over. Now, he was out in the middle of nowhere all alone. He has
[05:13.280 --> 05:18.640]  been harassed by law enforcement in that area on numerous other occasions, arrested by law
[05:18.640 --> 05:24.560]  enforcement in that area on numerous other occasions for absolutely no legal basis whatsoever,
[05:24.560 --> 05:32.800]  other than accusing certain members of border patrol and the local law enforcement agencies
[05:32.800 --> 05:40.640]  of violating rights. And so most of these harassments going on are retaliatory. But in the case,
[05:41.280 --> 05:45.680]  I helped him get it dismissed, and we got it dismissed with prejudice. And there was a plethora
[05:45.680 --> 05:51.680]  of issues at play in this case that made that possible, despite the fact that I missed an
[05:51.680 --> 05:56.720]  argument that should have made it a slam dunk. And that's what I want to address now.
[05:56.720 --> 06:03.680]  I've gone back and in my studying this past week, I was looking at the statute again and rereading
[06:03.680 --> 06:10.320]  it again as thoroughly as I possibly could and dissecting it as well as I possibly could. And I
[06:10.320 --> 06:18.720]  came to realize something. Nowhere in Texas law does the legislature provide a definition for the
[06:18.720 --> 06:26.960]  term evading. Nowhere. And in all of Texas law that's currently available on Google Scholar,
[06:26.960 --> 06:34.960]  there appears to only be one case that made this facial challenge to that same statute
[06:35.760 --> 06:44.400]  and the defense attorneys based it upon the term flee, not evasion. Okay? And the Texas Court of
[06:44.400 --> 06:51.120]  Appeals or the Appellate Court, the 10th District in this case, I haven't got to finish reading it,
[06:51.120 --> 06:56.880]  but it's a do not publish memorandum opinion. So I'm pretty sure they upheld this guy's conviction.
[06:56.880 --> 07:02.000]  I haven't got to read the analysis of how they came to that conclusion yet, but the defense
[07:02.000 --> 07:10.960]  argument was based upon the term flee. But here's the problem. There is no definition in existence
[07:10.960 --> 07:18.960]  for evading in and of itself. So what does that mean in relation to challenging 3804 as a
[07:18.960 --> 07:26.000]  constitutionally vague, ambiguous, and overbroad statute? Which is what this guy's council attempted
[07:26.000 --> 07:34.640]  to do, but the idiot did it with the entirely wrong part of the statute. Okay? I mean, if you
[07:34.640 --> 07:41.280]  actually sit down and read it, it's not all that big, but it's big enough that it can make
[07:41.280 --> 07:48.240]  confusing if you don't read it well. But real quick, I want to go through what 3804 actually says
[07:49.520 --> 07:56.400]  and I want you to see why this is such a big deal. Okay. Now, it might take me a couple
[07:56.400 --> 08:02.080]  of sections of the show to get through this, so the phones are not on. If you're not able to get
[08:02.080 --> 08:08.960]  in, that is why. So just please bear with me while I get this done. Section 38.04 Penal Code,
[08:08.960 --> 08:14.480]  Evading, Arrest, or Detention. Subsection A, a person commits an offense if he intentionally
[08:14.480 --> 08:19.920]  flees from a person he knows is a peace officer or federal special investigator attempting
[08:19.920 --> 08:27.520]  lawfully to arrest or detain him. Okay? And offense under this section is a class, a misdemeanor,
[08:27.520 --> 08:33.520]  except that the offense is a state jail felony if the actor has been previously convicted under
[08:33.520 --> 08:40.000]  this section or B, the actor uses a vehicle or watercraft while the actor is in flight and the
[08:40.000 --> 08:47.040]  actor has not been previously convicted under this section. Two, a felony of the third degree if,
[08:47.040 --> 08:51.600]  A, the actor uses a vehicle or watercraft while the actor is in flight and the actor has been
[08:51.600 --> 08:57.520]  previously convicted under this section or B, another suffers serious bodily injury as a direct
[08:57.520 --> 09:02.480]  result of an attempt by the officer or investigator from which the actor is fleeing to apprehend the
[09:02.480 --> 09:09.040]  actor while the actor is in flight. A felony of the second degree if another suffers death as a
[09:09.040 --> 09:13.440]  direct result of an attempt by the officer or investigator from whom the actor is fleeing
[09:13.440 --> 09:20.720]  to apprehend the actor while the actor is in flight. Okay? So they're basing this on the term
[09:20.720 --> 09:28.880]  flee and the title of it is evading arrest or detention. Doesn't tell us what either of those
[09:28.880 --> 09:38.240]  terms mean. Okay? And let me show you exactly why this is a specific problem. Now, let's see,
[09:38.240 --> 09:51.920]  convicted is in flight. It also does not determine what flight means. Okay? It does not define flight
[09:51.920 --> 09:59.520]  in any way as well as flee. Now, here's the problem as I discussed it in the article on the blog.
[10:00.640 --> 10:05.760]  Because there is no definition for flee and there is no definition for flight,
[10:05.760 --> 10:11.280]  what we have here is a statute that does not define or make reference to what specifically
[10:11.280 --> 10:17.120]  assigned meaning these terms have in order to prove or disprove them as elements of the alleged
[10:17.120 --> 10:25.360]  defense. The statute does not provide in any way whatsoever any specific statutory criteria for
[10:25.360 --> 10:31.760]  the element of evading or the term fleeing or the term flight regarding what facts, evidence,
[10:31.760 --> 10:39.760]  and or actions constitute the act of evading or evasion, fleeing, or flight. Okay? Nothing
[10:39.760 --> 10:46.800]  that tells us what that is. Does not absent a specific definition provided individual with
[10:46.800 --> 10:51.760]  properly sufficient legal notice of what behavior or actions constitutes the criminal act of
[10:51.760 --> 10:57.760]  evading, evasion, and therefore it is an irreparable due process violation of the highest
[10:57.760 --> 11:04.400]  order. And lastly, it allows both the officer and the prosecutor to determine and decide and
[11:04.400 --> 11:11.840]  rely entirely upon his or her own personal presumptions, conclusions, opinion, and discretion
[11:12.560 --> 11:21.040]  about what legally constitutes evading, evasion, fleeing, and flight. In order to charge the
[11:21.040 --> 11:28.080]  and prosecute the alleged offense against any individual merely on the entirely subjective
[11:28.080 --> 11:34.320]  basis that the individual didn't immediately come to a complete stop and surrender within some
[11:34.320 --> 11:40.160]  subjectively arbitrary amount of time or distance or a particular place that the officer and
[11:40.160 --> 11:46.400]  prosecutor alone gets to decide is appropriate based upon the wording of the statute. Now,
[11:46.400 --> 11:51.440]  why is this a problem the way it reads? Well, let's think about this. I have helped people
[11:51.440 --> 11:56.400]  with cases where in the particular instance of this gentleman, he was in the middle of nowhere,
[11:56.400 --> 12:01.120]  he had been continuously harassed and falsely arrested by law enforcement in that area.
[12:01.760 --> 12:08.480]  There are issues there with people impersonating officers or that issue exists everywhere and
[12:08.480 --> 12:15.520]  pretending to be cops when they're not. And he was alone and he's partially disabled, physically
[12:15.520 --> 12:24.800]  disabled. So he was trying to get to a place of safety, a public place where there could be
[12:24.800 --> 12:33.280]  witnesses as to whatever transpired after he pulled over for whoever this was that was literally
[12:33.280 --> 12:37.520]  chasing him down, trying to pin an offense of speeding on him and stopping him illegally
[12:37.520 --> 12:42.800]  when he wasn't speeding. He was not attempting to evade the individual behind him because there
[12:42.800 --> 12:49.440]  was nowhere for him to go. He was in an old van. He's not going to outrun a state police cruiser.
[12:49.440 --> 12:57.040]  The gentleman knows this. There's no side roads and it's wide open flat country. It's desert,
[12:57.040 --> 13:04.800]  okay, more or less desert. There's nowhere for him to evade to yet they charged him with felony
[13:04.800 --> 13:13.120]  evasion. I had another individual right here in Austin who the police tried to pull over downtown at
[13:13.120 --> 13:19.840]  night on a busy weekend night, I should say, and all the parking spaces are full. And if you've
[13:19.840 --> 13:24.960]  ever been in downtown Austin on Guadalupe and some of the other streets, if there are no empty
[13:24.960 --> 13:29.200]  parking spaces, there's nowhere for you to pull over. You're stuck in the middle of traffic.
[13:29.200 --> 13:36.240]  Well, not wanting to get an extra ticket for stopping in traffic, he looks for a place to
[13:36.240 --> 13:43.040]  pull over. The only place available is a handicapped parking spot, at least where the officer turns
[13:43.040 --> 13:49.440]  their lights on, okay? Knowing that if he pulls into that spot, if these cops can't get him on
[13:49.440 --> 13:54.320]  anything else, they're going to write him a ticket for illegally parking in a handicapped spot.
[13:54.320 --> 13:59.920]  But he moves a little further down the street to try to find an open spot and luckily does so.
[14:00.800 --> 14:08.160]  The cops in that instance tried to charge him with felony evasion, okay? Late at night,
[14:08.720 --> 14:13.840]  you cannot see the car behind you. All you can see is headlights and flashing lights. You cannot
[14:13.840 --> 14:18.720]  identify whether the person behind you is legitimate law enforcement because you can't see what kind
[14:18.720 --> 14:24.560]  of car they're in. The flashing lights these days are not a dead giveaway that this is an actual
[14:24.560 --> 14:30.640]  law enforcement car, nor is the fact that someone is wearing a uniform or a badge or pretending
[14:30.640 --> 14:37.200]  to know what the hell they're talking about when they walk up to your car. So, folks, if the statute
[14:37.200 --> 14:44.800]  is left unchallenged, oh, and the other problem is the guy's legal counsel did not raise the
[14:44.800 --> 14:50.560]  constitutionally vague ambiguous and overbroad defense at the time of trial, which is where it's
[14:50.560 --> 14:58.320]  required to be raised. It's got to be raised prior to or at the time of trial or they tend to ignore
[14:58.320 --> 15:04.160]  it, which that itself is an unconstitutional ruling by the court considering that the United
[15:04.160 --> 15:11.280]  States Supreme Court and the Texas Supreme Court have ruled continuously that an unconstitutional
[15:11.280 --> 15:18.960]  statute is no statute at all. Therefore, how could the criminal court say that a conviction
[15:18.960 --> 15:24.400]  is maintainable if the statute is found to be unconstitutional or challenged as such after
[15:24.400 --> 15:29.920]  the fact? Because it's just as unconstitutional after the fact as it was in the beginning.
[15:29.920 --> 15:37.360]  Why? Because with it being unconstitutional, there is no jurisdiction for the court to invoke.
[15:37.360 --> 15:47.280]  No subject matter jurisdiction at all. So, since jurisdiction can be challenged at any time,
[15:48.800 --> 15:55.120]  a constitutional challenge to the jurisdictional validity of any statute on constitutional grounds
[15:55.920 --> 15:59.680]  is still valid. And yet the Texas courts are saying, we're not going to hear it.
[15:59.680 --> 16:10.880]  This is the kind of corruption that you have in the system we've got and you don't make the time
[16:10.880 --> 16:18.560]  and effort to dig it up. These are the kinds of rulings by these courts that turns the rule
[16:18.560 --> 16:26.480]  of law and justice on its ear for the benefit of the state and to the complete and utter harm
[16:26.480 --> 16:34.160]  and detriment to individuals and their rights. And the state doesn't care. The courts don't care.
[16:35.600 --> 16:42.720]  And that, ladies and gentlemen, is a very, very big problem. When the courts no longer
[16:42.720 --> 16:49.760]  care about the rule of law, there is no law. When the courts will not hold an unconstitutional
[16:49.760 --> 16:57.440]  statute unconstitutional, then we have a serious problem with justice. Y'all hang on and we will
[16:57.440 --> 17:08.560]  be right back after the break. It's the 2019 Logos Radio Network annual fundraiser and gun giveaway
[17:08.560 --> 17:14.400]  sponsored by Central Texas Gun Works. Go to LogosRadioNetwork.com and enter to win.
[17:14.400 --> 17:19.840]  Any amount is appreciated. Everything helps to keep us on the air. From Central Texas Gun Works,
[17:19.840 --> 17:26.160]  the grand prize up for grabs is the Spikes Tactical AR-15. More prizes and sponsors to be
[17:26.160 --> 17:32.480]  announced. Every $25 donation is a chance to win. When you purchase Randy Kelton's ebook,
[17:32.480 --> 17:38.880]  Legal 101, you get four chances to win. Purchase Eddie Craig's traffic seminar and get 10 chances
[17:38.880 --> 17:44.640]  to win. If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can keep
[17:44.640 --> 17:50.240]  bringing you the best quality programming on talk radio today. We also accept Bitcoin and other
[17:50.240 --> 17:57.520]  cryptocurrencies. And remember, every $25 donation is a chance to win. Go to LogosRadioNetwork.com
[17:57.520 --> 18:03.760]  for details and donate today. Are you being harassed by debt collectors with phone calls,
[18:03.760 --> 18:09.760]  letters or even lawsuits? Stop debt collectors now with the Michael Mirris Proven Method. Michael
[18:09.760 --> 18:15.200]  Mirris has won six cases in federal court against debt collectors and now you can win too. You'll
[18:15.200 --> 18:20.400]  get step-by-step instructions in plain English on how to win in court using federal civil rights
[18:20.400 --> 18:26.080]  statutes. What to do when contacted by phones, mail or court summons. How to answer letters and
[18:26.080 --> 18:30.560]  phone calls. How to get debt collectors out of your credit reports. How to turn the financial
[18:30.560 --> 18:37.120]  tables on them and make them pay you to go away. The Michael Mirris Proven Method is the solution
[18:37.120 --> 18:41.840]  for how to stop debt collectors. Personal consultation is available as well. For more
[18:41.840 --> 18:47.760]  information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner or email
[18:47.760 --> 19:00.880]  Michaelmirris at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. To learn how to stop debt collectors next.
[19:17.760 --> 19:28.880]  I haven't thought that this is it. Can I be cold? My whole life's been betrothed to a prayer bed.
[19:28.880 --> 19:36.880]  How am I supposed to live to the quietest of all? This isn't the way out to me. If I keep on,
[19:36.880 --> 19:49.120]  I'll become a new answer. Perfect or not, I'll fall apart. You will come to know.
[19:49.120 --> 20:14.160]  Perfect or not, I'll fall apart. You will come to know. Perfect or not, I'll fall apart.
[20:14.160 --> 20:22.000]  Folks, we are back. This is rule of law radio. The call at number 512-646-1984.
[20:22.000 --> 20:26.880]  If you want to call and get in line, please do. Okay, now while we're waiting on
[20:26.880 --> 20:32.480]  callers to get on the board, I want to look at or go over some of the stuff that is in this
[20:32.480 --> 20:44.720]  Delafuente v. State, Texas Court of Appeals 10th District 2019. It doesn't have a code
[20:44.720 --> 21:01.680]  number on it. It's just got the court number 10-16-00376-CR. Okay, now let's see. This statement
[21:01.680 --> 21:07.840]  by the court. Moreover, because a pellet makes a facial challenge to the statute,
[21:07.840 --> 21:12.480]  he must prove that the statute is unconstitutional in every application
[21:12.480 --> 21:17.920]  and that the statute could never be constitutionally applied to any defendant under any set of facts
[21:17.920 --> 21:23.600]  or circumstances. Okay, furthermore, if we determine that there is a reasonable construction
[21:23.600 --> 21:29.680]  which will render the statute constitutional, we must uphold the statute. Well, here's the thing.
[21:29.680 --> 21:38.640]  Let's see. A statute will be invalidated if it fails to give a person of ordinary intelligence
[21:38.640 --> 21:43.520]  a reasonable opportunity to know what conduct is prohibited. And then there was another section up
[21:43.520 --> 22:01.360]  here dealing with, hang on, I'm trying to find this. Anyway, they keep going back to the common
[22:01.360 --> 22:06.480]  English meaning of flea. The problem is that that's not the meaning that the authors are
[22:06.480 --> 22:15.600]  assigning to these because the author does not know in many cases and doesn't care why the
[22:15.600 --> 22:21.040]  individual has yet to stop. The author is just charging in with evasion because they didn't
[22:21.040 --> 22:28.080]  immediately stop. And that right there is the problem. Okay, because it is left up to the
[22:28.080 --> 22:37.440]  discretion of the officer and the prosecutor what actions constitute fleeing in relation to their
[22:37.440 --> 22:46.640]  pursuit. And in their minds, if the statute contains no exceptions, they can perfectly well
[22:46.640 --> 22:52.560]  challenge everybody in the same way with the same charge. You didn't immediately stop. You were evading
[22:52.560 --> 23:02.080]  me. And then someone has to fight a felony charge that they didn't commit. And yet the courts want
[23:02.080 --> 23:11.200]  to say that that is a constitutional interpretation of the law. How can that be possible when there
[23:11.200 --> 23:26.080]  is no standard by which the meaning of flea and evade and flight is being given to these
[23:26.080 --> 23:32.960]  individuals, the officer and the prosecutor. They can claim any act whatsoever was fleeing.
[23:33.520 --> 23:40.080]  They can claim any act whatsoever was flight. And it isn't until the time of trial
[23:40.080 --> 23:46.000]  that the individual is going through should they have a council that's intelligent enough to argue
[23:46.000 --> 23:54.560]  it correctly to begin with that they were not fleeing. They were simply looking for a safe
[23:54.560 --> 23:59.680]  place to pull over, looking for a place to pull over that wouldn't allow the cops to charge them
[23:59.680 --> 24:04.000]  with something else if they couldn't get them for whatever it was they were pulling them over for
[24:04.000 --> 24:14.800]  in the first place. When they attempt to use a statute that does what this one does and the
[24:14.800 --> 24:22.000]  problem is is that there are two of these statutes. There's one in the penal code and there's one in
[24:22.000 --> 24:31.760]  the transportation code. They contain almost identical elements, almost identical right down
[24:31.760 --> 24:40.480]  to the last word. The difference is the one in the code of criminal procedure is a felony
[24:40.480 --> 24:46.560]  or a class A misdemeanor. Okay, depending upon whether or not let's see as I read it.
[24:46.560 --> 25:02.240]  Let's see. Come on. Yeah, it's a class A misdemeanor. If the person has never been convicted of this
[25:02.240 --> 25:08.160]  before, it's a felony after. Whereas the one in the transportation code is a misdemeanor.
[25:08.720 --> 25:15.840]  It's a class B, I think, and not an A, but it's a misdemeanor nonetheless. Straight up,
[25:15.840 --> 25:23.760]  there is no felony for it and there is no language that says that a conviction under it increases
[25:23.760 --> 25:32.400]  the penalty level. So over there it's a completely different statute as far as what it pertains to.
[25:33.520 --> 25:40.400]  Now, the way I argued it in this case was that because there are two statutes, let's look at
[25:40.400 --> 25:46.960]  the specific basis for having one in the penal code and one in the transportation code. If you're
[25:46.960 --> 25:55.120]  being pulled over for a transportation offense, 99.9% of which are class C misdemeanor cases
[25:55.120 --> 26:01.600]  or fines and offenses, so you can't go to jail for them and you attempt to evade the officer.
[26:01.600 --> 26:10.560]  That evasion is not on par with a penal code offense such as assault, murder, manslaughter,
[26:10.560 --> 26:16.480]  leaving the scene of an accident with an injury, DUI, and things of that nature.
[26:19.360 --> 26:25.120]  When you attempt to evade apprehension, robbing a bank, a liquor store, a gas station,
[26:25.120 --> 26:31.920]  mugging somebody, those types of crimes carry jail sentences. Those types of crimes are consistent
[26:31.920 --> 26:38.240]  with a penal code reference to evading arrest for apprehension or detention in relation to
[26:38.240 --> 26:45.040]  those kinds of crimes versus what we have under the transportation code where you just simply got
[26:45.040 --> 26:51.280]  away from the cop by making a turn or whatever. You didn't recklessly barrage through traffic,
[26:51.280 --> 26:56.560]  endanger anybody else or whatever. You just managed to lose the cop and not get a ticket for
[26:56.560 --> 27:02.320]  speeding or running a red light or turning left on red or right on red or whatever like that,
[27:02.960 --> 27:10.080]  that kind of thing. There are completely different worlds as far as the harm involved.
[27:14.400 --> 27:19.520]  Why would you have two different classifications of statute within two different codes relating
[27:19.520 --> 27:26.960]  to two completely different subjects if that's not the basis for it? How are you supposed to know
[27:27.680 --> 27:33.280]  when you're getting pulled over if they're stopping you for some penal code investigation or if
[27:33.280 --> 27:39.760]  they're stopping you for some transportation code investigation, assuming they ever actually did one
[27:39.760 --> 27:46.880]  which they don't? How are you supposed to know? How are you being informed of what type of evasion
[27:46.880 --> 27:55.200]  you're committing? You see the problem? By simply saying just let it go to court and get it hashed
[27:55.200 --> 28:02.000]  out there, you are converting a fine only offense into a jailable offense.
[28:08.480 --> 28:14.320]  This is not right. This kind of stuff that the lawyers are coming up with, they're coming up
[28:14.320 --> 28:21.280]  with ways to monetize anything that people may do in relation to their own protection
[28:22.640 --> 28:27.040]  and that's exactly what this statute does. We've got proof of that by the quick cases that have
[28:27.040 --> 28:32.640]  been taken to court. The individual tries to act with consideration of not only their own safety
[28:32.640 --> 28:38.960]  but that of the officers so that they find a public place which may not be right where they're
[28:38.960 --> 28:44.000]  getting stopped and they may not be familiar with where they're getting stopped. It may not be a
[28:44.000 --> 28:48.960]  safe neighborhood, it may not be well lit, it may be just them versus whoever is in this car
[28:48.960 --> 28:55.760]  and they can't see them because it's the middle of the night. When does the public safety issue
[28:55.760 --> 29:04.240]  become an issue for the individual's safety as well? The cop is not the only one with the right
[29:04.240 --> 29:11.840]  to be safe in these scenarios but that's exactly how the law is written to treat the scenario
[29:11.840 --> 29:14.320]  as if they are. Why?
[29:18.720 --> 29:24.000]  Why is it that we are not allowed to consider our own health, welfare and safety
[29:24.800 --> 29:31.120]  when we're having an encounter with what every single day is proving to be an ever-increasing
[29:31.120 --> 29:42.400]  possibility of death at the hands of a public servant? Why? And why are the courts so callous
[29:42.400 --> 29:50.000]  to that possibility and probability? Because they're not there for you and me, that's why.
[29:50.720 --> 29:54.880]  They're there for the revenue, they're there for the power, they're there for the control
[29:54.880 --> 30:03.920]  that it gives the state. Y'all hang on folks, we'll be right back. Thousands of Florida motorists
[30:03.920 --> 30:09.680]  convicted of DUI may very well have been driving under the blood alcohol limit. I'm Dr. Catherine
[30:09.680 --> 30:14.640]  Albrecht and I'll be back with a tale of bad breathalysers and a government cover-up in a moment.
[30:15.520 --> 30:20.960]  Privacy is under attack. When you give up data about yourself you'll never get it back again
[30:20.960 --> 30:26.480]  and once your privacy is gone you'll find your freedoms will start to vanish too. So protect
[30:26.480 --> 30:32.480]  your rights, say no to surveillance and keep your information to yourself. Privacy, it's worth
[30:32.480 --> 30:37.760]  hanging on to. This public service announcement is brought to you by StartPage.com, the private
[30:37.760 --> 30:45.440]  search engine alternative to Google, Yahoo and Bing. Start over with StartPage. Ever hear the
[30:45.440 --> 30:51.200]  term fine farming? It's when cops find innocent people to bring in revenue and it's apparently big
[30:51.200 --> 30:56.960]  business in the Sunshine State of Florida. This case involves breathalysers used to convict thousands
[30:56.960 --> 31:02.480]  of Florida motorists for DUI violations. Recently reporters discovered that the devices were
[31:02.480 --> 31:08.640]  improperly calibrated. State officials knew about it for two and a half years but did nothing. In fact,
[31:08.640 --> 31:14.080]  the head of Florida's breath testing program ordered inspectors not to document the problem.
[31:14.080 --> 31:18.880]  A DUI conviction can ruin somebody's life but now that the cover-up has been exposed,
[31:18.880 --> 31:23.600]  perhaps Florida drivers can breathe a bit easier. I'm Dr. Catherine Albrecht,
[31:23.600 --> 31:26.480]  more news and information at CatherineAlbrecht.com.
[31:30.640 --> 31:36.240]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. The
[31:36.240 --> 31:40.960]  government says that fire brought it down. However, 1500 architects and engineers have
[31:40.960 --> 31:45.440]  concluded it was a controlled demolition. Over 6,000 of my fellow service members have given
[31:45.440 --> 31:49.840]  their lives. And thousands of my fellow first responders are dying. I'm not a conspiracy
[31:49.840 --> 31:53.440]  theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[31:53.440 --> 32:00.160]  I'm a father who lost his son. We're Americans and we deserve the truth. Go to RememberBuilding7.org
[32:00.160 --> 32:06.240]  today. Rule of Law Radio is proud to offer the Rule of Law Traffic Center. In today's America,
[32:06.240 --> 32:10.000]  we live in an us against them society and if we the people are ever going to have a free society
[32:10.000 --> 32:14.160]  then we're going to have to stand and defend our own rights. Among those rights are the right to
[32:14.160 --> 32:18.080]  travel freely from place to place, the right to act in our own private capacity and most importantly,
[32:18.080 --> 32:22.560]  the right to due process of law. Traffic courts afford us the least expensive opportunity to
[32:22.560 --> 32:26.720]  learn how to enforce and preserve our rights through due process. Former Sheriff's deputy
[32:26.720 --> 32:30.320]  Eddie Craig in conjunction with Rule of Law Radio has put together the most comprehensive
[32:30.320 --> 32:34.160]  teaching tool available that will help you understand what due process is and how to hold
[32:34.160 --> 32:38.000]  courts to the rule of law. You can get your own copy of this invaluable material by going to
[32:38.000 --> 32:42.640]  ruleoflawradio.com and ordering your copy today. By ordering now you'll receive a copy of Eddie's
[32:42.640 --> 32:47.360]  book The Texas Transportation Code, The Law Versus the Lie, video and audio of the original 2009
[32:47.360 --> 32:51.600]  seminar. Hundreds of research documents and other useful resource material. Learn how to fight for
[32:51.600 --> 32:55.760]  your rights with the help of this material from ruleoflawradio.com. Order your copy today and
[32:55.760 --> 32:58.720]  together we can have the free society we all want and deserve.
[32:58.720 --> 33:06.720]  All right folks, we are back. This is Rule of Law Radio, the calling number 512-646-1980.
[33:29.040 --> 33:33.440]  If you want to call and get in line and talk about something, but while we're waiting on those,
[33:33.440 --> 33:38.640]  let me go back into something else I was talking about here on this statue. Now,
[33:39.280 --> 33:47.680]  if you read it, what you find out really, really quickly is that it's a Class A misdemeanor if you
[33:47.680 --> 33:56.800]  do it under the penal code provision. It's a Class A misdemeanor if you're on foot and you haven't
[33:56.800 --> 34:06.800]  been previously convicted and blah, blah, blah. But if you happen to be in a car or anything else
[34:06.800 --> 34:13.440]  motorized that falls under the definition of vehicle that is found within the transportation
[34:13.440 --> 34:18.480]  code, which that statue specifically references as how vehicles define for the use of that statute,
[34:20.080 --> 34:26.240]  which that alone would make it a transportation related statute. You get it? When they give the
[34:26.240 --> 34:30.800]  same definition that is in the transportation code, they converted that penal code reference to
[34:30.800 --> 34:35.360]  a transportation code reference. Only those engaged in transportation could be guilty
[34:35.360 --> 34:42.400]  of that offense. You get that? The other part of that is, is that the moment you're in a vehicle,
[34:42.400 --> 34:48.720]  it's an automatic felony. It's a state jail felony minimum if you're in a vehicle when they try to
[34:48.720 --> 34:55.120]  charge you with this. Okay, so they're going to try to charge you with a felony across the
[34:55.120 --> 34:59.040]  board every single time if they're pulling you over in a car and you do not immediately stop.
[34:59.680 --> 35:05.360]  That's simple. It's never a Class A misdemeanor if you're in a car when they attempt to do this,
[35:05.360 --> 35:11.600]  because they're going to charge you with using a vehicle to evade. And they've even done it where
[35:11.600 --> 35:18.720]  all you did. See, the thing is, the statute specifically says flight. Yet there are people
[35:18.720 --> 35:24.960]  in jail who have been convicted under that statute of felony evading because they simply locked
[35:24.960 --> 35:29.520]  their doors and rolled up their windows and sat inside the car. They did not run off,
[35:29.520 --> 35:35.600]  they didn't go into any mode of flight. They simply refused to open the door because they
[35:35.600 --> 35:42.160]  were afraid the cop was going to assault and hurt them if not kill them. And they got charged with
[35:42.160 --> 35:53.120]  felony evasion with a vehicle. This is exactly how these cops and prosecutors are able to
[35:53.120 --> 35:58.000]  misconstrue this statute for it to mean anything they want.
[36:02.800 --> 36:06.720]  And the 10th Circuit Court of Appeals is saying, well, that's okay.
[36:12.720 --> 36:21.520]  Let's not okay. It is never okay when a brain dead moron with a uniform who doesn't read the law,
[36:21.520 --> 36:28.400]  and if he does, he doesn't understand it 99% of the time because he's only reading one little piece
[36:28.400 --> 36:34.720]  of it, has no clue about how he has to read all of it and how he has to take it within that context.
[36:34.720 --> 36:39.680]  Absolutely none. And this is the guy getting to make a decision about what flee means,
[36:39.680 --> 36:45.120]  what flight means, what evading means, what your actions were, and how he can spend them
[36:45.120 --> 36:51.440]  on his written report to make it look like you're guilty of the offense. And then he is backed up
[36:51.440 --> 36:58.720]  by a crooked crummy attorney disguised under the title of prosecutor who is doing the same thing.
[37:04.560 --> 37:10.000]  This is what you're up against, folks. This is what we're all up against.
[37:11.600 --> 37:21.360]  And my question, as always, is why? Why do we, the people, continue to allow these kinds
[37:21.360 --> 37:27.920]  of laws to exist? Why do we keep voting for people to make these laws when we know they're
[37:27.920 --> 37:34.720]  not qualified to write laws governing us to begin with? Let's face facts.
[37:36.240 --> 37:42.320]  The guy who owns the biggest car dealership in your town is the guy you want writing the rules for
[37:42.320 --> 37:49.520]  how everyone in your town must live their life. Well, why not just give him that power directly?
[37:49.520 --> 37:52.960]  Why not just go down to the car dealership instead of going through all the rigmarole of
[37:52.960 --> 37:57.600]  electing him to a public office so he can write it to affect the entire state and just say,
[37:57.600 --> 38:03.040]  hey, Bob, we're making you chief of this entire city here, and we just want you to write a rule
[38:03.040 --> 38:09.680]  that says how you're going to tell us what to do with everything we have. It's the same damn thing,
[38:09.680 --> 38:17.200]  people. If you think they have the power to do it at the legislature, then you think they have
[38:17.200 --> 38:27.600]  the power to do it locally as individuals. You have to. Let me read you something else that I put up
[38:27.600 --> 38:38.960]  on the blog along with this. Or at the same time, I put this up, I should say. And this article is
[38:38.960 --> 38:46.000]  titled, The True Meaning and Purpose of Individual Rights. And I'm going, until we get callers,
[38:46.000 --> 38:52.800]  I'm going to read this article to you because this article contains some important facts of history
[38:53.520 --> 39:00.080]  and references that are also being completely ignored by our governmental system,
[39:01.200 --> 39:07.360]  especially the courts. In fact, this is entirely about how the courts have undermined that governmental
[39:07.360 --> 39:15.120]  system about what they do. And it goes like this. I have a little thought about something that I
[39:15.120 --> 39:21.280]  would like to express. And that something is the idiotic precept contrived by our American courts
[39:21.280 --> 39:27.600]  that individual rights are not absolute and that government has the power and authority to either
[39:27.600 --> 39:34.400]  take away or diminish those rights based upon whatever contrived necessity it can dream up.
[39:35.920 --> 39:41.920]  I would argue that until someone exercises their rights in a manner that violates the rights of
[39:41.920 --> 39:50.080]  others, then their own individual rights are absolute. At the point of harming the rights,
[39:50.080 --> 39:57.360]  person, or property of another, or through such reckless or negligent acts that almost certainly
[39:57.360 --> 40:04.720]  would have resulted in such an injury, then and only then can those rights be legitimately and
[40:04.720 --> 40:12.720]  temporarily taken away. Try pointing to any bill of rights where it says that there is any other
[40:12.720 --> 40:20.320]  exception to absoluteness to be had in relation to an individual's rights because it just ain't there.
[40:22.960 --> 40:29.120]  Nothing is unchangeable but the inherent and unalienable rights of men. That's Thomas Jefferson
[40:29.120 --> 40:37.280]  to John Cartwright in 1824. A free people claim their rights as derived from the laws of nature
[40:37.280 --> 40:42.720]  and not as the gift of their chief magistrate. Again, Thomas Jefferson in his writings,
[40:42.720 --> 40:52.480]  Rights of British America, 1774 papers. The equal rights of men and the happiness of every individual
[40:52.480 --> 40:59.120]  are now acknowledged to be the only legitimate objects of government. Again, Thomas Jefferson to
[40:59.120 --> 41:08.640]  Acore in 1823. Of liberty, I would say that in the whole plenitude of its extent, it is
[41:08.640 --> 41:16.640]  unobstructed action according to our will. But rightful liberty is an unobstructed action according
[41:16.640 --> 41:25.840]  to our will within limits drawn around us by the equal rights of others. I do not add within the
[41:25.840 --> 41:34.080]  limits of the law because law is often but the tyrant's will and always so when it violates
[41:34.080 --> 41:40.240]  the rights of the individual. Thomas Jefferson to Isaac H. Tiffany in 1819.
[41:40.240 --> 41:48.080]  The courts are the ones who created the rights are not absolute doctrine with absolutely no legitimate
[41:48.080 --> 41:53.440]  constitutional authority upon which to base it and then promptly begin using it stealthily
[41:53.440 --> 41:59.040]  and continuously on an ever increasing basis to permanently diminish all individual rights
[41:59.040 --> 42:05.200]  belonging to the American people for any reason the courts themselves have deemed to be a government
[42:05.200 --> 42:15.680]  necessity i.e. their version of the law of necessity. Every man and everybody of men on earth possessed
[42:15.680 --> 42:23.920]  the right of self-government. This like all other natural rights may be abridged or modified in its
[42:23.920 --> 42:34.240]  exercise by their own consent or by the laws of those who depute them if they meet in the right
[42:34.240 --> 42:44.960]  of others. Thomas Jefferson opinion on residence bill 1790. Just like any other thing done wrong
[42:44.960 --> 42:51.200]  by our government are simply accepting that the courts or other parts of government have
[42:52.480 --> 42:56.560]  or any other parts of government that have created their own fraudulent authority to limit
[42:56.560 --> 43:02.320]  our rights as they see fit without any challenge from us will never see it change back to how it
[43:02.320 --> 43:08.160]  is supposed to be. Thomas Jefferson and John Locke made it clear that the formation of societies
[43:08.160 --> 43:14.640]  in the governance of the constitution was never intended to and never did authorize any such
[43:14.640 --> 43:21.200]  supposition on the government's part about individual rights. What is true of every member
[43:21.200 --> 43:28.880]  of the society individually is true of them all collectively since the rights of the whole can
[43:28.880 --> 43:35.680]  be no more than the sum of the rights of the individuals. Thomas Jefferson to James Madison
[43:35.680 --> 43:41.920]  in 1789. Alright folks I'll finish this up on the other side and start taking whatever callers
[43:41.920 --> 43:49.360]  we've got 512-646-1984. I only got one person on the board I need a whole lot more than that for
[43:49.360 --> 43:54.640]  the rest of the show so y'all give us a call get in line and let's talk we will be right back after
[43:54.640 --> 44:05.760]  this break. Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney
[44:05.760 --> 44:12.160]  with jurisdictionary the affordable easy to understand four CD course that will show you how
[44:12.160 --> 44:19.360]  in 24 hours step by step if you have a lawyer know what your lawyer should be doing if you
[44:19.360 --> 44:25.200]  don't have a lawyer know what you should do for yourself thousands have won with our step by step
[44:25.200 --> 44:32.080]  course and now you can too jurisdictionary was created by a licensed attorney with 22 years
[44:32.080 --> 44:38.080]  of case winning experience even if you're not in a lawsuit you can learn what everyone should
[44:38.080 --> 44:44.000]  understand about the principles and practices that control our american courts you'll receive our
[44:44.000 --> 44:52.480]  audio classroom video seminar tutorials forms for civil cases prosa tactics and much more please
[44:52.480 --> 45:00.080]  visit rule of law radio dot com and click on the banner are called toll free 866 law easy
[45:01.360 --> 45:06.240]  I love logos without the shows on this network I'd be almost as ignorant as my friend I'm so
[45:06.240 --> 45:11.600]  addicted to the truth now that there's no going back I need my truth pick I'd be lost without logos
[45:11.600 --> 45:16.160]  and I really want to help keep this network on the air I'd love to volunteer as a show producer
[45:16.160 --> 45:20.720]  but I'm a bit of a bloodite and I really don't have any money to give because I spent it all on
[45:20.720 --> 45:27.040]  supplement how can I help logos well I'm glad you asked whenever you order anything from amazon
[45:27.040 --> 45:32.080]  you can help logos with order in your supplies or holiday gifts first thing you do is clear your
[45:32.080 --> 45:39.520]  cookies now go to logos radio network dot com click on the amazon logo and book market now when you
[45:39.520 --> 45:46.240]  order anything from amazon you use that link and logos gets a few pesos do I pay extra no do you
[45:46.240 --> 45:53.120]  have to do anything different when I order no can I use my amazon prime no I mean yes wow giving
[45:53.120 --> 45:59.920]  without doing anything or spending any money this is perfect thank you so much we are welcome happy
[45:59.920 --> 46:12.400]  holidays logos
[46:30.000 --> 46:55.120]  all right folks we are back this is rule of law radio the calling number five one two six four six
[46:55.120 --> 47:04.000]  1984 all right let me get the rest of this out of the way here natural rights are the objects for
[47:04.000 --> 47:09.840]  the protection of which society is formed and municipal laws established thomas jefferson to
[47:09.840 --> 47:18.800]  james munro 1797 the reason why men enter into society is the preservation of their property
[47:18.800 --> 47:27.360]  john locks second 3d section 222 therefore the only logical and constitutional conclusion
[47:27.360 --> 47:33.840]  in relation to how individual rights are not absolute is when they are used to violate the
[47:33.840 --> 47:40.720]  rights of others outside of that caveat there is zero legitimate authority for government to
[47:40.720 --> 47:48.960]  deprive or diminish anyone of any right for any other reason without a doubt the courts have the
[47:48.960 --> 47:56.400]  subject of individual rights not being absolute absolutely wrong that their misinterpretation
[47:56.400 --> 48:03.600]  is intentional and that it is being done and used for nothing less than the unconstitutional purpose
[48:03.600 --> 48:09.280]  of increasing the personal and governmental power and authority of such elitist individuals
[48:09.280 --> 48:17.040]  over areas and subjects where it should not even exist that makes the actions our courts and our
[48:17.040 --> 48:22.880]  government are engaged in absolutely criminal because those actions directly and unlawfully
[48:22.880 --> 48:28.640]  violate the rights belonging to all of the people for the benefit of only those few who
[48:28.640 --> 48:35.040]  think they should have more rights and more power than everyone else especially over the lives and
[48:35.040 --> 48:40.560]  property of others and that is neither the american dream or the original plan for its
[48:40.560 --> 48:48.320]  individual republics and folks that goes hand in hand with what i have said all along about
[48:48.320 --> 48:54.400]  individual rights it has what i goes with what i've said about why these regulatory codes
[48:54.400 --> 48:59.680]  cannot be applied to us if we're not engaged in the activity to which the subject matter of that
[48:59.680 --> 49:09.440]  code pertains that's not a difficult concept at all what i do under my natural rights and authority
[49:10.880 --> 49:17.440]  okay is no business of the governments unless i use those rights to harm someone else's rights
[49:18.720 --> 49:27.680]  otherwise their laws have no business intruding upon my life okay if i'm not doing something
[49:27.680 --> 49:34.800]  that is out to intentionally or negligently or recklessly cause a harm they've got no business
[49:34.800 --> 49:42.160]  messing with me that includes my ability to use my property under my natural right to own possess
[49:42.160 --> 49:49.600]  and use such property to travel upon my roads that i share with other members of the public as our
[49:49.600 --> 49:57.680]  freehold in trust to the government for our private personal use because there's no more
[49:57.680 --> 50:05.440]  difference between my car and a horse and buggy than there is between a black powder musket
[50:06.560 --> 50:16.800]  and an ar-15 or a 30-06 they're the same technology of a different era that is the only thing about
[50:16.800 --> 50:23.680]  them my rights did not change because the technology changed if that were true the
[50:23.680 --> 50:29.760]  second amendment would be moot at this point would it not no it's not because it covers all
[50:29.760 --> 50:36.160]  arms for all times so does the right to locomotion so does the right to move from place to place
[50:36.160 --> 50:43.040]  unencumbered by government permission sanctions or intervention the right to the use of our private
[50:43.040 --> 50:49.920]  property for our private purposes without government intervention use abuse or renting our property back
[50:49.920 --> 51:02.000]  to us for a fee to enrich itself at our expense ladies and gentlemen the police state isn't coming
[51:02.000 --> 51:08.640]  it has been here for a very long time it didn't happen overnight it didn't happen in your face
[51:08.640 --> 51:16.480]  it came by stealthy sneaky underhanded back room politician driven stealthiness
[51:18.000 --> 51:22.000]  it snuck up on us and it's now biting us everywhere it can find to get a grip
[51:25.680 --> 51:33.120]  and no one is going to fix it but us because as i have also said many many many many many many
[51:33.120 --> 51:36.160]  many times on this show and in everything i've talked about with people
[51:36.160 --> 51:44.720]  never in the history of mankind any part of history of mankind has any form of authority
[51:45.280 --> 51:52.080]  once it has managed to get its hands on some amount of power ever willingly surrendered
[51:52.080 --> 51:59.760]  that power back to the people from which it stole it or took it or snuck it however you
[51:59.760 --> 52:04.400]  want to get do it power it should never have had and wound up in its hands it's never freely
[52:04.400 --> 52:11.840]  given back without a fight ever and that ladies and gentlemen is exactly why the second amendment
[52:11.840 --> 52:20.000]  exists so that if we finally stand together and stand up it no longer has a choice but to let that
[52:20.000 --> 52:31.200]  power go because it never belonged to it in the first place we need to think about these things
[52:31.200 --> 52:36.640]  because the time is coming when thinking about it too little too late is going to be the end of it
[52:36.640 --> 52:42.400]  all and the american dream will have it won't have died of natural causes it will have been murdered
[52:43.200 --> 52:50.000]  and we will have been duplicitous in its murder because we did nothing to defend its life
[52:50.000 --> 53:01.440]  we're no longer that kind of america and that folks is a problem that is sad it is disheartening
[53:01.440 --> 53:05.840]  to a level i can't even begin to describe and it needs to change
[53:09.040 --> 53:16.480]  all right we have a couple callers up on the board 512 646 1984 we got five and a half minutes
[53:16.480 --> 53:23.360]  left so let's start with jerry in pennsylvania jerry what can we do for you here on the i'm
[53:23.360 --> 53:34.160]  going to learn the motions that you get to file when they charge you with the ticket well what
[53:34.160 --> 53:42.800]  i did was i got about nine of them together and i filed them and after i filed them they sent me back
[53:42.800 --> 53:51.520]  a denial on them who sent you back a denial on them the court okay and what did you base the
[53:51.520 --> 53:59.120]  motions on uh everything you said to do i don't have the list handy but you know that's not what
[53:59.120 --> 54:03.840]  i'm asking you i'm not asking you if you complied with the list i gave you what i'm asking you is
[54:03.840 --> 54:10.240]  what did you use as the basis of your arguments in the motions just pick a motion and tell me what
[54:10.240 --> 54:13.600]  what you used as the authority to make the argument you made in it
[54:15.200 --> 54:22.960]  say like something matters to a section okay yeah i just put down that the court does not
[54:22.960 --> 54:27.440]  have subject matter jurisdiction in the state that's all you put in the motion
[54:29.600 --> 54:36.720]  just about i mean just about okay wait a minute here okay just about please explain what does just
[54:36.720 --> 54:47.520]  about mean oh that they didn't have the authority to uh write me the ticket that what the cause was
[54:47.520 --> 54:56.000]  on the ticket which you based on and the defendant on okay what did you base that argument on when
[54:56.000 --> 54:59.840]  you made it in the motion did you just say it like that and leave it at that or did you put
[54:59.840 --> 55:06.000]  some authoritative references in there such as the statute right here shows that this is what the
[55:06.000 --> 55:10.960]  statute pertains to these are the only people that can commit the offense this is the code
[55:10.960 --> 55:15.520]  reference that proves that that's the only subject matter that relates to this offense
[55:15.520 --> 55:20.400]  and blah blah blah do you put any of that in the motion oh yeah i send them along
[55:21.040 --> 55:27.920]  case law and subject matter jurisdiction okay no stop no stop stop stop stop
[55:27.920 --> 55:37.680]  stop oh subject matter jurisdiction based on what cases cases specific to the charge against you
[55:37.680 --> 55:44.640]  or just jurisdiction in general i guess i'll probably be in general uh huh
[55:47.040 --> 55:49.360]  jerry i think i know why they sent them back tonight
[55:49.360 --> 56:00.800]  well they said here that the first thing was that uh uh i didn't have the right title on it
[56:03.200 --> 56:08.800]  the court can't reject a motion based upon it being written by a pro saying it doesn't conform
[56:08.800 --> 56:15.360]  to a proper title that's not a basis for denying the motion but from what i'm hearing so far they
[56:15.360 --> 56:20.640]  had a legitimate basis to deny it and that was that you didn't cite any authority in support
[56:20.640 --> 56:25.760]  of the arguments you were making you used case law that was not specifically relevant to the
[56:25.760 --> 56:32.480]  facts of your case to make a point that also is not factually relevant to your case
[56:35.520 --> 56:41.600]  it says here on line 14 it is denied that subject matter jurisdiction did not exist in this case
[56:41.600 --> 56:47.840]  mister was found guilty for violations of a middle town sound shift property code
[56:50.160 --> 56:52.000]  is it the same code you're charged under
[56:54.240 --> 57:01.200]  oh yeah they they have the code down on the ticket no that's not what i asked you you you just wrote
[57:01.200 --> 57:06.080]  something okay did you just read me something out of one of the cases you used
[57:06.080 --> 57:14.560]  uh i'm reading this off of the answer of the republic for relief
[57:16.000 --> 57:22.320]  but what they sent me back they said in paragraph 14 it says what
[57:24.320 --> 57:29.120]  it is denied that that subject matter jurisdiction did not exist in this case
[57:29.120 --> 57:37.600]  mister uh was found guilty for violations of middle town sounds with uh code okay why are you
[57:37.600 --> 57:41.600]  reading me what they sent i'm asking you what you sent them
[57:44.960 --> 57:51.680]  well that's what i sent them i i sent them but they didn't have jurisdiction on those codes
[57:51.680 --> 58:06.480]  okay right what i don't know jerry is how you wrote that argument you can't just simply say
[58:06.480 --> 58:10.960]  you don't have any jurisdiction over those codes and that'd be the end of your motion
[58:10.960 --> 58:16.960]  and from what you're telling me that's almost verbatim what your motion says you didn't cite
[58:16.960 --> 58:22.720]  any authority in support of it you didn't tell me what the excerpt out of what case was that you
[58:22.720 --> 58:28.400]  were using to support that statement and challenge to their jurisdiction and how it was relevant to
[58:28.400 --> 58:34.720]  the facts of your specific case that's a problem hang on just a second let me get this break over
[58:34.720 --> 58:41.760]  and we'll be right back to finish this up all right folks y'all hang on 512-646-1984 please
[58:41.760 --> 58:47.360]  go to local radio network website and check out the fundraiser we need some money folks please
[58:48.000 --> 58:55.200]  get involved the bible remains the most popular book in the world yet countless readers are
[58:55.200 --> 59:01.040]  frustrated because they struggle to understand it some new translations try to help by simplifying
[59:01.040 --> 59:07.680]  the text but in the process can compromise the profound meaning of the scripture enter the
[59:07.680 --> 59:14.080]  recovery version first this new translation is extremely faithful and accurate but the real
[59:14.080 --> 59:20.800]  story is the more than 9000 explanatory footnotes difficult and profound passages are opened up
[59:20.800 --> 59:26.000]  in a marvelous way providing an entrance into the riches of the word beyond which you've
[59:26.000 --> 59:32.000]  ever experienced before bibles for america would like to give you a free recovery version simply
[59:32.000 --> 59:38.880]  for the asking this comprehensive yet compact study bible is yours just by calling us toll free
[59:38.880 --> 59:50.000]  at 1-888-551-0102 or by ordering online at freestudybible.com that's freestudybible.com
[59:50.880 --> 59:55.920]  you are listening to the logos radio network logosradio network.com
[59:55.920 --> 01:00:04.560]  the following these flashes brought to you by the lone star of lowdown
[01:00:06.480 --> 01:00:12.560]  markets for monday the 22nd of july 2019 open with precious metals gold at $1,429
[01:00:12.560 --> 01:00:20.960]  an ounce silver $16.45 an ounce copper $2.75 an ounce oil texas crude $55.63 a barrel
[01:00:20.960 --> 01:00:29.280]  brand crude $62.47 a barrel and cryptos in order of market cap bitcoin core $10,566.52
[01:00:29.280 --> 01:00:41.600]  ethereum $227.26 xrp ripple $0.33 light coin $100.31 and bitcoin cash is at $324.10 a crypto coin
[01:00:41.600 --> 01:00:52.560]  today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[01:00:52.560 --> 01:00:58.400]  on market street in san francisco during the world war one preparedness day parade killing 10 and
[01:00:58.400 --> 01:01:07.600]  entering 40 today in history and recent news since governor greg abbott signed house bill
[01:01:07.600 --> 01:01:13.280]  1325 legalizing heaven a texas law back in june county prosecutors around the state including
[01:01:13.280 --> 01:01:17.920]  houston austin san Antonio have been dropping marijuana possession charges and even refusing
[01:01:17.920 --> 01:01:22.480]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:01:22.480 --> 01:01:27.280]  equipment to test the earth for thc margaret moore the travis county district attorney
[01:01:27.280 --> 01:01:32.000]  announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana
[01:01:32.000 --> 01:01:36.800]  cases because of the law mr abbott and other state officials including the attorney general
[01:01:36.800 --> 01:01:41.200]  stipulated in a letter that county district attorneys back on thursday that marijuana has
[01:01:41.200 --> 01:01:46.560]  not been decriminalized in texas and that these actions demonstrate a misunderstanding of how hb
[01:01:46.560 --> 01:01:54.640]  1325 works as well as other cities too like the district attorney in el paso kai me asparza a democrat
[01:01:54.640 --> 01:01:59.840]  who also stated earlier this month that the law quote will not have an effect on the prosecution
[01:01:59.840 --> 01:02:05.280]  of marijuana cases in el paso however the issue was succinctly summarized by mr brandon ball
[01:02:05.280 --> 01:02:10.400]  and assistant public defender in harris county who stated that quote the law is constantly changing
[01:02:10.400 --> 01:02:14.880]  on what makes something illegal based on its chemical makeup it's important that if someone is
[01:02:14.880 --> 01:02:24.320]  charged with something the test matches what they're charged with a paper by tulane university
[01:02:24.320 --> 01:02:29.040]  identified a five and a half inch american pocket shark as the first of its kind in the
[01:02:29.040 --> 01:02:35.280]  gulf of mexico the specimen being only the second pocket shark ever captured or recorded with the
[01:02:35.280 --> 01:02:40.320]  other one being found way back in 1979 in the east pacific ocean according to the university
[01:02:40.320 --> 01:02:46.800]  paper the sharks it creates a luminous fluid from a gland near its front fins for the purposes
[01:02:46.800 --> 01:02:55.920]  hypothesized to lure and pray maybe drawn into the glow this is work roadie with a lowdown for july
[01:02:55.920 --> 01:03:19.360]  22nd 2019 big our own whiskey and our own smoke too ain't too many things these old boys can't do
[01:03:19.360 --> 01:03:30.000]  country folks can't survive all right folks we are back this is rule of law radio calling number
[01:03:30.000 --> 01:03:36.720]  five one two six four six nineteen eighty four okay before i get back on this call there's something
[01:03:36.720 --> 01:03:45.120]  i want to say about things the longer i spend time trying to help people learn and understand
[01:03:45.120 --> 01:03:50.240]  the law and the kind of thinking and analysis required to be even moderately capable at it
[01:03:52.160 --> 01:03:58.320]  the more i feel that total and immediate honesty with those people is required
[01:04:00.880 --> 01:04:09.200]  i can and i have helped those who i could readily and easily give assistance and information to
[01:04:09.200 --> 01:04:16.560]  and who would follow my instructions about what to do and then i also have those that uh
[01:04:17.600 --> 01:04:24.880]  i should have just handed on the shovel made the catholic cross symbol over them and just walked away
[01:04:29.440 --> 01:04:33.760]  i'm hoping this isn't one of those so let's see what i can do to finish this up here
[01:04:33.760 --> 01:04:39.440]  here all right jerry now let me try this one more time you wrote a motion
[01:04:40.880 --> 01:04:47.840]  challenging the jurisdiction just one of the ones you filed okay in that motion challenging
[01:04:47.840 --> 01:05:03.520]  jurisdiction you you wrote exactly what uh like everything that pertains to the ticket why they
[01:05:03.520 --> 01:05:10.560]  didn't have jurisdiction on the ticket and uh so i put in the how are you arguing that the
[01:05:10.560 --> 01:05:17.920]  pre that the city that issued the ticket didn't have jurisdiction over the ticket right how are you
[01:05:17.920 --> 01:05:22.240]  arguing that what legal basis in the world could you possibly have based that on
[01:05:24.640 --> 01:05:31.120]  well first of all they had it was an ordinance and the ordinance is not the ticket we're not
[01:05:31.120 --> 01:05:35.040]  talking about the ordinance we're talking about the ticket that's what you just said you didn't
[01:05:35.040 --> 01:05:43.840]  say the ordinance you said the ticket well that's what the number is like that would be a number
[01:05:43.840 --> 01:05:52.400]  no the offense on the ticket may relate to an ordinance that has a number other than the number
[01:05:52.400 --> 01:06:02.320]  on the ticket so are we talking about their lack of jurisdiction over an ordinance or their lack
[01:06:02.320 --> 01:06:10.880]  of jurisdiction over the ticket uh well a lack of of uh over the ordinance right you're saying that
[01:06:10.880 --> 01:06:16.160]  the city that wrote the ordinance doesn't have jurisdiction over the ordinance explain that
[01:06:16.160 --> 01:06:21.360]  to me because that's just as off point as saying that the ticket that issued the citate or the
[01:06:21.360 --> 01:06:27.040]  city that issued the citation doesn't have jurisdiction over the citation again what
[01:06:27.040 --> 01:06:33.600]  possible legal authority could you have to make that argument well they wrote tickets for
[01:06:33.600 --> 01:06:44.240]  dump vehicles weeds uh class you know stuff like that and you still haven't explained to me what the
[01:06:44.240 --> 01:06:50.240]  lack of jurisdiction issue is here that you made in the document you filed you keep saying it's the
[01:06:50.240 --> 01:07:03.360]  ticket then you change it to the ordinance what is it there are three specific primary things
[01:07:03.360 --> 01:07:13.680]  relating to jurisdiction that must exist subject matter personal and venue okay that is the subject
[01:07:13.680 --> 01:07:25.120]  matter the person and the place all of which relate to the alleged offense okay okay now did you
[01:07:25.120 --> 01:07:31.360]  challenge personal jurisdiction did you challenge subject matter jurisdiction did you challenge
[01:07:31.360 --> 01:07:40.480]  venue jurisdiction which one or all did you challenge i guess all of them you okay there is
[01:07:40.480 --> 01:07:48.160]  no guess and you can't just say generally jurisdiction when you fail to establish which
[01:07:48.160 --> 01:07:53.760]  one you're arguing against and the legal basis for why you're arguing against it you have already
[01:07:53.760 --> 01:08:00.400]  lost the argument okay move on to another one that one they they had ever right to deny if
[01:08:00.400 --> 01:08:06.560]  that is how you wrote it what's the other one another one well but the da sent me the
[01:08:06.560 --> 01:08:14.160]  just part civil for withdrawal and um it says the the photographer of the spirit of court
[01:08:14.160 --> 01:08:21.840]  commonwealth and then through its attorney da like of the of that county that respectively
[01:08:21.840 --> 01:08:28.000]  withdraws his appearance as a attorney for the commonwealth in the above section what does that
[01:08:28.000 --> 01:08:36.160]  mean that says on the result withdraw the charges against me in the case no he's withdrawing as
[01:08:36.160 --> 01:08:40.640]  legal counsel in the case that doesn't mean the charges are gone that means he's no longer the
[01:08:40.640 --> 01:08:48.240]  prosecutor so in little terms what would that mean absolutely nothing as far as you're concerned
[01:08:50.320 --> 01:08:56.000]  all that means is that this guy or lady or whoever it is that's withdrawing has some reason for
[01:08:56.000 --> 01:09:01.200]  withdrawing it can be a personal conflict it can be a business conflict it can be a professional
[01:09:01.200 --> 01:09:05.840]  conflict it can be because we're moving out of state to a new job it can be because they had
[01:09:05.840 --> 01:09:10.000]  a death in the family and aren't going to be able to have time to work on the case it could be a
[01:09:10.000 --> 01:09:14.000]  billion and one different things it's absolutely irrelevant to the fact that somebody's going to
[01:09:14.000 --> 01:09:21.520]  prosecute you oh so we're going to pick this up later at some point unless they decide not to
[01:09:21.520 --> 01:09:30.080]  prosecute it most likely yeah well listen to fourth letter i got what does the number of letters
[01:09:30.080 --> 01:09:34.560]  have to do with anything if none of them say the charges are hereby dismissed and this action will
[01:09:34.560 --> 01:09:41.280]  no longer be pursued no they didn't tell me no kidding i just said that what difference does
[01:09:41.280 --> 01:09:49.200]  the number of letters you've gotten if one of them didn't say that well all four of them pretty much
[01:09:49.200 --> 01:09:58.000]  the same and so did you make the arguments the same way in all the other motions you made in the
[01:09:58.000 --> 01:10:08.640]  jurisdiction motion yep pretty much so then i can honestly say i am not surprised oh so at some
[01:10:08.640 --> 01:10:18.080]  point down the road they'll be around again i would think that's a probability yeah okay good
[01:10:18.080 --> 01:10:22.240]  probability and i'm making the sign of the cross now if in case you didn't see it
[01:10:24.160 --> 01:10:31.200]  uh okay bless you bless you and good luck all right you need to study more dude what you're
[01:10:31.200 --> 01:10:36.080]  writing is not going to get you anywhere because you're not basing it upon a legal authority
[01:10:36.880 --> 01:10:42.160]  you're not citing a law you're not citing a court case that is specifically relevant
[01:10:42.160 --> 01:10:49.360]  you're not even citing your state constitution as being whatever you cite as being specifically
[01:10:49.360 --> 01:10:55.840]  relevant to the issue involved in your case and to you personally if you can't do that it doesn't
[01:10:55.840 --> 01:11:03.360]  belong in there like some sense of any constitution does that work article three one two ten tells
[01:11:03.360 --> 01:11:11.520]  how laws are made and i don't know how you used it in an argument just putting it in there doesn't
[01:11:11.520 --> 01:11:20.560]  do anything if you can't build an argument around it i wrote it as the way laws are passed and laws
[01:11:20.560 --> 01:11:28.640]  don't find ordinances you still kind of missing the point you still kind of missing the point
[01:11:30.320 --> 01:11:38.800]  okay okay and you can argue about an ordinance not being law based upon that article of the
[01:11:38.800 --> 01:11:44.720]  constitution if the ordinance is not a valid law in accordance with the state constitution then the
[01:11:44.720 --> 01:11:51.920]  ordinance is not binding public law therefore it is private law and as private law it's limited
[01:11:51.920 --> 01:11:58.880]  an application to specific persons places and things but it is not to the general public or
[01:11:58.880 --> 01:12:06.080]  their private property that's how you would have to use that constitutional clause to make an argument
[01:12:06.080 --> 01:12:12.880]  so i have to put that wording right into that motion you have to put something very similar
[01:12:12.880 --> 01:12:21.040]  to it for to make any damn sense yeah and then enclose the constitution from one to ten
[01:12:22.720 --> 01:12:28.240]  you only need the part that's relevant to the argument you're making right so you only need
[01:12:28.240 --> 01:12:35.360]  the sections that deal specifically with the criteria on how laws are made right so in other
[01:12:35.360 --> 01:12:45.680]  words my wording works wrong that seems like an oversimplification but yeah oh okay so i'm getting
[01:12:45.680 --> 01:12:53.360]  close again that seems like an oversimplification oh all right well i've been listening to the
[01:12:53.360 --> 01:13:06.240]  archives so okay all right all right thank you yes sir have a good night thanks for calling bye bye
[01:13:05.840 --> 01:13:10.560]  okay now we have john in new york john what can i do for you
[01:13:15.200 --> 01:13:15.920]  hello john
[01:13:15.920 --> 01:13:21.920]  john
[01:13:25.680 --> 01:13:31.440]  all right well five one two six four six nineteen eighty four is the calling number folks that's the
[01:13:31.440 --> 01:13:37.120]  only callers i got on the board one i'm done with one more answer when i call so or when i pick
[01:13:37.120 --> 01:13:43.360]  them up so that's said i need some more callers to talk to but while i'm waiting on those callers
[01:13:43.360 --> 01:13:51.200]  i would like to go back into the concepts of what the government's doing and why it's not correct
[01:13:54.960 --> 01:13:59.840]  from day one the courts have worked to undermine the system of government that we've got
[01:13:59.840 --> 01:14:05.680]  or that we were supposed to have and put it that way that those courts at the federal level those
[01:14:05.680 --> 01:14:11.440]  courts at the state level they have always sought to undermine the very basis of the constitution
[01:14:11.440 --> 01:14:18.640]  which is the protection and demand against the federal entities that we created in the state
[01:14:18.640 --> 01:14:28.080]  entities that we created that they have curb their enthusiasm and exercise of the delegated powers
[01:14:30.000 --> 01:14:32.880]  to the instances required
[01:14:32.880 --> 01:14:41.120]  in such a manner as to effectively protect our individual rights and property from harm
[01:14:41.120 --> 01:14:44.640]  not only from other people but from the government itself
[01:14:46.800 --> 01:14:53.360]  but as randy is prone to say once you give somebody authority over something they promptly
[01:14:53.360 --> 01:15:00.000]  presume to think they own it and it's theirs to control as they see fit this ladies and gentlemen
[01:15:00.000 --> 01:15:04.880]  is the biggest problem with the legislature it's the biggest problem with the courts it's
[01:15:04.880 --> 01:15:10.160]  the biggest problem with the executive it is the biggest problem i have found in my constitutional
[01:15:10.160 --> 01:15:20.000]  studies that points out to the real necessity of any constitution and having a set of actual
[01:15:20.000 --> 01:15:30.320]  identified clearly stated principled teeth that the people themselves have the power to wield
[01:15:30.320 --> 01:15:38.240]  short of an actual revolution for instance imagine how things might be different if the
[01:15:38.240 --> 01:15:44.480]  texas constitution bill of rights contained a clause that clearly stated that in all acts and
[01:15:44.480 --> 01:15:50.720]  violation of rights of any individual within the state of texas the people themselves have the power
[01:15:51.280 --> 01:16:00.320]  the duty and the authority to convene a court and to prosecute charge and prosecute any public
[01:16:00.320 --> 01:16:06.640]  official for acts of oppression abuse of power or violations their authority and duty to protect
[01:16:06.640 --> 01:16:14.720]  the rights of other individuals within the state of texas imagine if that was in the bill of rights
[01:16:14.720 --> 01:16:20.160]  in a way that the courts themselves had no choice but to accept or suffer the consequences from
[01:16:22.560 --> 01:16:30.160]  imagine if every provision that governmental power was delegated with had a clause in it that's
[01:16:30.160 --> 01:16:36.320]  provided that if they abuse that power as delegated for the purpose for which it was delegated
[01:16:36.320 --> 01:16:40.800]  the people have the right to determine whether or not they've gone beyond the extent allowed
[01:16:40.800 --> 01:16:45.760]  and to hold them personally accountable for their actions there too relating their
[01:16:48.320 --> 01:16:56.240]  imagine a constitution with actual chewing teeth y'all hang on folks we will be right back after
[01:16:56.240 --> 01:17:09.280]  this break it's the 2019 logos radio network annual fundraiser and gun giveaway sponsored by
[01:17:09.280 --> 01:17:16.000]  central texas gunworks go to logosradio network dot com and enter to win any amount is appreciated
[01:17:16.000 --> 01:17:21.280]  everything helps to keep us on the air from central texas gunworks the grand prize up for
[01:17:21.280 --> 01:17:28.800]  grabs is a spikes tactical ar-15 more prizes and sponsors to be announced every 25 dollar donation
[01:17:28.800 --> 01:17:35.600]  is a chance to win when you purchase randy kelton's ebook legal 101 you get four chances to win
[01:17:35.600 --> 01:17:41.040]  purchase eddie craig's traffic seminar and get 10 chances to win if you've enjoyed the shows on
[01:17:41.040 --> 01:17:46.960]  logos radio network support our fundraiser so we can keep bringing you the best quality programming
[01:17:46.960 --> 01:17:53.280]  on talk radio today we also accept bitcoin and other cryptocurrencies and remember every 25
[01:17:53.280 --> 01:17:59.440]  dollar donation is a chance to win go to logos radio network dot com for details and donate today
[01:18:00.720 --> 01:18:05.280]  are you being harassed by debt collectors with phone calls letters or even lawsuits
[01:18:05.840 --> 01:18:11.440]  stop debt collectors now with the michael mirris proven method michael mirris has won six cases
[01:18:11.440 --> 01:18:16.240]  in federal court against debt collectors and now you can win too you'll get step-by-step
[01:18:16.240 --> 01:18:21.920]  instructions in plain english on how to win in court using federal civil rights statue what to do
[01:18:21.920 --> 01:18:27.440]  when contacted by phone mail or court summons how to answer letters and phone calls how to get
[01:18:27.440 --> 01:18:32.880]  debt collectors out of your credit report how to turn the financial tables on them and make them pay
[01:18:32.880 --> 01:18:39.120]  you to go away the michael mirris proven method is the solution for how to stop debt collectors
[01:18:39.120 --> 01:18:44.320]  personal consultation is available as well for more information please visit rule of law radio
[01:18:44.320 --> 01:18:49.920]  dot com and click on the blue michael mirris banner or email michael mirris at yahoo dot com
[01:18:49.920 --> 01:18:58.320]  that's rule of law radio dot com or email m i c h a e l m i r r a s at yahoo dot com to learn how
[01:18:58.320 --> 01:19:25.840]  to stop debt collectors now as i walk through the valley of the shadow of death
[01:19:25.840 --> 01:19:31.440]  i take a look at my life and realize it's such a step because i've been practicing and laughing so
[01:19:31.440 --> 01:19:36.720]  long that even my mama thinks that my mind is gone but i ain't never crossed the man that
[01:19:36.720 --> 01:19:42.560]  just deserves it to be treated like a punk you know that's unheard of you better watch how you're
[01:19:42.560 --> 01:19:48.160]  talking and where you're walking or you and your homies might be lying in shock i really hate the
[01:19:48.160 --> 01:19:55.200]  trip but i gotta know as they come i see myself in the pistol alright folks we are back this is rule
[01:19:55.200 --> 01:20:02.080]  of law radio the calling number five one two six four six nineteen eighty four again please go the
[01:20:02.080 --> 01:20:08.160]  logos radio network dot com website take a look at the thing with the fundraiser we have an ar-15
[01:20:08.160 --> 01:20:14.560]  prize there to be drawn for the folks we need your donations we cannot keep the network going and the
[01:20:14.560 --> 01:20:22.080]  bills paid without you we can't survive without you this is our job this is what we do day in and
[01:20:22.080 --> 01:20:28.240]  day out trying to get things done so that you can become educated about it we do the work that you
[01:20:28.240 --> 01:20:35.360]  don't have the time to do so please help us out personal donations are greatly needed as well as
[01:20:35.360 --> 01:20:41.200]  network donations so please keep that in mind and please donate as often as much as you're able
[01:20:41.200 --> 01:20:47.200]  we don't want to cause a hardship on anyone else we're we're you know we just don't want to do that
[01:20:47.200 --> 01:20:52.960]  but at the same time we can't do the things we set out to do here for your benefit without your
[01:20:52.960 --> 01:20:59.200]  support it's really a a give and take thing and here lately all we've done is give and we haven't
[01:20:59.200 --> 01:21:05.680]  been able to have anything to take uh and uh we would prefer that you give it willingly otherwise
[01:21:05.680 --> 01:21:09.440]  what we'll have to do is take our behind somewhere else and do something different to earn money
[01:21:09.440 --> 01:21:13.680]  that's how that take works for us and that's how I was going to have to work for y'all too
[01:21:13.680 --> 01:21:20.160]  because without us you're going to have to figure this stuff out and we know how that's worked out
[01:21:20.160 --> 01:21:27.200]  so far not calling y'all dumb but who's got time who's made the effort who knows if not us then who
[01:21:27.920 --> 01:21:34.240]  okay so please help us where you can and just remember everything I've talked about at this
[01:21:34.240 --> 01:21:39.920]  point tonight to quote somebody else besides Thomas Jefferson I'm going to quote Dave Chappelle
[01:21:39.920 --> 01:21:46.160]  the second amendment isn't just in or is just in case the other one didn't work out
[01:21:47.760 --> 01:21:56.000]  meaning the first okay so that said folks let's try one more time see if John's answering John are you
[01:21:56.000 --> 01:22:07.360]  there I'm going to take that as a note okay so that said I need somebody to talk to or I'm just
[01:22:07.360 --> 01:22:11.440]  going to keep going on and rambling here about all the other things I've had to deal with lately
[01:22:14.880 --> 01:22:19.840]  okay since I covered all the subject matter we can go back to the deal dealing with the case
[01:22:19.840 --> 01:22:27.600]  and the de la fuente case there if there was a way for the tense circuit in the courts before it
[01:22:27.600 --> 01:22:34.560]  to misconstrue individual rights and constitutionality of a law in relation to those rights these cases
[01:22:34.560 --> 01:22:44.320]  listed in this opinion unpublished opinion I might add actually show it these opinions are proof
[01:22:44.320 --> 01:22:51.920]  positive that the state has no concern at all if it's enforcing unconstitutional law it has no
[01:22:51.920 --> 01:23:00.320]  concern at all if the people are imprisoned under an unconstitutional law Texas has gotten to such a
[01:23:00.320 --> 01:23:09.120]  point of corruption and mismanagement of people and money and bureaucracy that it is no longer safe
[01:23:09.120 --> 01:23:14.960]  to get out of bed in this state because you never know what you're going to get charged with and why
[01:23:16.800 --> 01:23:23.440]  if you're a freedom loving individual and you can't recognize that after having lived here for a
[01:23:23.440 --> 01:23:33.680]  while then you're not as liberty minded as free and as a woke as you would like to consider yourself
[01:23:33.680 --> 01:23:41.840]  and I can demonstrate that to you in a heartbeat if you want to get into a debate about it
[01:23:44.160 --> 01:23:51.600]  but the simple fact of the matter is folks is that we've got a couple of choices that
[01:23:51.600 --> 01:23:58.000]  as people we have to make how far are we willing to go to keep our republics safe from those who
[01:23:58.000 --> 01:24:07.280]  would destroy it and remember those who are destroying it are the very ones attempting to shift the
[01:24:07.280 --> 01:24:17.600]  blame to the backs of we the people they're never in the wrong neither by what they do
[01:24:17.600 --> 01:24:25.760]  or by what they enact to allow them to do it they're never wrong they're never accountable
[01:24:25.760 --> 01:24:34.240]  okay and as Thomas Sowell said there is nothing more dangerous in the world to put power in a
[01:24:34.240 --> 01:24:43.360]  40 in the hands of a person who has no liability for being wrong in what they do with it and ladies
[01:24:43.360 --> 01:24:50.960]  and gentlemen that right there is exactly the government you've got you have a handful of
[01:24:50.960 --> 01:24:57.760]  messanthropes that have all the power to do all the harm in the world and absolutely no liability
[01:24:57.760 --> 01:25:08.000]  or consequences for what they do with that power because no constitution on this earth was written
[01:25:08.000 --> 01:25:16.240]  to put the teeth into the people and in their hands to use against those public officials absent
[01:25:16.240 --> 01:25:25.520]  of all out revolutionary war find it tell me anywhere where there's something in the constitution
[01:25:25.520 --> 01:25:32.640]  that says we have the right to enforce it outside of a voting booth by any means other than armed
[01:25:32.640 --> 01:25:38.960]  resistance which we shouldn't have to resort to to fix a problem with our government but it's the
[01:25:38.960 --> 01:25:45.360]  only tool of the constitution placed directly in our hands the Texas constitution did it in the
[01:25:45.360 --> 01:25:51.040]  bill of rights we have the right to alter reform or abolish our government in any manner we deem
[01:25:51.040 --> 01:25:58.640]  necessary and fit in order to regain control of it to make it like the people intended it to be
[01:26:04.160 --> 01:26:08.880]  federal constitutions got it but they make laws at the federal level saying you can't go over
[01:26:08.880 --> 01:26:13.520]  through the government yet the constitution is there to ensure that that's exactly what the
[01:26:13.520 --> 01:26:19.760]  people of America are able to do to disband the federal government just as easily and readily as
[01:26:19.760 --> 01:26:24.320]  they can their state governments if and when the government is no longer functioning and acting in
[01:26:24.320 --> 01:26:30.640]  a manner that the people established it to do and if they won't go peacefully we have every right
[01:26:30.640 --> 01:26:39.760]  to take them down by force that is our right in this country it's the reason why they want gun
[01:26:39.760 --> 01:26:46.160]  control so bad it is the reason why they want the ability to go door to door and confiscate a gun
[01:26:46.160 --> 01:26:54.480]  from everyone because they'll know they have them they'll know what they are look at any country on
[01:26:54.480 --> 01:27:00.960]  earth where that has been allowed to take place and you will see that it is never ended well
[01:27:00.960 --> 01:27:07.600]  for the people of that country australia let it happen murders home invasions robberies
[01:27:07.600 --> 01:27:15.120]  thefts muggings assaults have gone off the charts in australia since they disarmed their people
[01:27:19.120 --> 01:27:22.240]  and it ain't just from other people
[01:27:25.280 --> 01:27:29.680]  that gives your government free reign to come in and do exactly the same thing
[01:27:29.680 --> 01:27:41.520]  to you as they were doing to them okay now let me give you one other quote from thomas jefferson
[01:27:43.280 --> 01:27:51.520]  on that subject laws that forbid the carrying of arms disarm only those who are neither inclined
[01:27:51.520 --> 01:27:58.000]  nor determined to commit crimes such laws make things worse for the assaulted and better for
[01:27:58.000 --> 01:28:06.160]  the assailants they serve rather to encourage than to prevent homicides for an unarmed man may
[01:28:06.160 --> 01:28:14.320]  be attacked with greater confidence than an armed man do you think that's a principle that is lost
[01:28:14.320 --> 01:28:21.200]  on your government officials i'm willing to bet you it absolutely isn't lost in fact it is at the
[01:28:21.200 --> 01:28:27.280]  forefront of their mind when they are thinking gun control as long as we're armed the government
[01:28:27.280 --> 01:28:35.040]  can't attack us easily and force us to do what it wants instead of what we want
[01:28:37.920 --> 01:28:44.000]  it's doing it on an individual basis that's for sure but it hasn't as a yet declared war on the
[01:28:44.000 --> 01:28:48.880]  american people to such a degree that they have started going town to town and taking it over with
[01:28:48.880 --> 01:28:56.240]  the military but if you think that day's a long way off or never going to happen maybe you're not
[01:28:56.240 --> 01:28:59.600]  as well appraised of the situation that exists here as you think you are
[01:29:04.240 --> 01:29:08.720]  and the fact that you don't know that scares the living bejesus out of me
[01:29:11.280 --> 01:29:16.960]  because that means i can't expect any support if i try to resist what's coming down my street
[01:29:16.960 --> 01:29:25.920]  because i'm the only one that's going to be out there if i'm the only one that knows or cares
[01:29:27.440 --> 01:29:32.560]  and then the issue becomes is why should i risk my life defending your rights when you don't even
[01:29:32.560 --> 01:29:37.600]  care about them i'd be better off just packing it in and running away and finding some place to live
[01:29:37.600 --> 01:29:47.920]  where they can't find me think about that folks because that's exactly where we're leaving ourselves
[01:29:47.920 --> 01:29:54.080]  with the choices and decisions we're making and the acquiescence and abstinence that we're undergoing
[01:29:54.080 --> 01:30:01.600]  in what we do and let them do we'll be right back it seems like everywhere you turn nowadays someone
[01:30:01.600 --> 01:30:05.920]  wants your name social security number and date of birth but you should think twice before giving
[01:30:05.920 --> 01:30:11.600]  away your personal data i'm dr catherine albrecht and i'll say more in just a moment google is
[01:30:11.600 --> 01:30:16.640]  watching you recording everything you've ever searched for and creating a massive database of
[01:30:16.640 --> 01:30:22.320]  your personal information that's creepy but it doesn't have to be that way start page dot com is
[01:30:22.320 --> 01:30:27.440]  the world's most private search engine start page dot com doesn't store your ip address make a record
[01:30:27.440 --> 01:30:32.800]  of your searches or use tracking cookies and their third party certified if you don't like big brother
[01:30:32.800 --> 01:30:38.720]  spying on you start over with start page great search results and total privacy start page dot
[01:30:38.720 --> 01:30:44.560]  com the world's most private search engine forms forms forms they're everywhere but just because
[01:30:44.560 --> 01:30:49.840]  a piece of paper asks for information doesn't mean you have to give it i leave blank spaces on forms
[01:30:49.840 --> 01:30:56.240]  all the time or i write n slash a for not applicable and usually nobody notices or cares i never give
[01:30:56.240 --> 01:31:01.280]  my social security number or date of birth unless it's absolutely mandatory for employment or
[01:31:01.280 --> 01:31:05.840]  a government requirement and i won't give my phone number to a company or an organization unless
[01:31:05.840 --> 01:31:10.560]  i actually want them to call me and that's pretty rare to preserve our vanishing privacy we need to
[01:31:10.560 --> 01:31:16.400]  practice saying no to random data requests it's like exercising a muscle it gets easier the more
[01:31:16.400 --> 01:31:31.680]  you do it i'm dr kathryn allbrecht more news and information at kathryn allbrecht dot com
[01:31:31.680 --> 01:31:38.800]  i lost my son my uncle my son on september 11 2000 most people don't know that a third tower fell
[01:31:38.800 --> 01:31:44.480]  on september 11 world trade center seven a 47 story skyscraper was not hit by a plane although the
[01:31:44.480 --> 01:31:50.640]  official explanation is that fire brought down building seven over 1200 architects and engineers
[01:31:50.640 --> 01:31:55.680]  have looked into the evidence and believe there is more to the story bring justice to my son my uncle
[01:31:55.680 --> 01:32:01.520]  my nephew my son go to building what dot org why it fell why it matters as what you can do
[01:32:03.200 --> 01:32:07.600]  rule of law radio is proud to offer the rule of law traffic seminar in today's america we live in
[01:32:07.600 --> 01:32:11.520]  an us against them society if we the people are ever going to have a free society then we're going
[01:32:11.520 --> 01:32:15.920]  to have to stand and defend our own rights among those rights are the right to travel freely from
[01:32:15.920 --> 01:32:19.920]  place to place the right to act in our own private capacity and most importantly the right to due
[01:32:19.920 --> 01:32:24.720]  process of law traffic courts afford us the least expensive opportunity to learn how to enforce and
[01:32:24.720 --> 01:32:29.200]  preserve our rights through due process former sheriff's deputy ad craig in conjunction with rule
[01:32:29.200 --> 01:32:33.360]  law radio has put together the most comprehensive teaching tool available that will help you understand
[01:32:33.360 --> 01:32:37.680]  what due process is and how to hold courts to the rule law you can get your own copy of this
[01:32:37.680 --> 01:32:42.240]  invaluable material by going to rule law radio dot com and ordering your copy today by ordering
[01:32:42.240 --> 01:32:46.320]  now you'll receive a copy of eddie's book the texas transportation code the law versus the lie
[01:32:46.320 --> 01:32:50.480]  video and audio of the original 2009 seminar hundreds of research documents and further
[01:32:50.480 --> 01:32:54.160]  useful resource material learn how to fight for your rights with the help of this material for
[01:32:54.160 --> 01:32:59.200]  rule of law radio dot com order your copy today and together we can have free society we all want to
[01:32:59.200 --> 01:33:15.120]  answer you're listening to the logo's radio network at logo's radio network dot com
[01:33:29.200 --> 01:33:45.120]  uh
[01:33:45.600 --> 01:33:51.280]  all right folks we are back this is rule of law radio we've got a half an hour left in the show
[01:33:51.280 --> 01:33:59.760]  512 646 1984 is the call-in number let's try one more time and see if john has gotten back on the
[01:33:59.760 --> 01:34:07.520]  phone john are you there yes i am i had to answer the door sorry about that okay uh i i've got eddie
[01:34:07.520 --> 01:34:17.680]  i've got what i think might be case law that can be used to show to the classic ticket it's not a
[01:34:17.680 --> 01:34:22.800]  proper accusatory instrument okay please let me read it you'll think about two and a half minutes
[01:34:22.800 --> 01:34:29.360]  i can go through the whole team i mean there's a several cases in the matter of surely versus
[01:34:29.360 --> 01:34:36.000]  shulman the new york court of appeals decision it states a criminal action must be commenced
[01:34:36.000 --> 01:34:41.440]  by the filing of a valid and sufficient accusatory instrument in order for the court to obtain
[01:34:41.440 --> 01:34:50.080]  jurisdiction over the matter in people versus scott it states that a uniform traffic ticket
[01:34:50.080 --> 01:34:57.760]  is merely a notice to a person to appear the case then states the new uniform traffic ticket
[01:34:57.760 --> 01:35:05.120]  does not make the place of an information but it's simply a notice to appear a verified complaint
[01:35:05.120 --> 01:35:11.840]  if still not the fifth the traffic ticket issued to the respondent by law and repeatedly
[01:35:11.840 --> 01:35:18.560]  confirmed by state or by supreme court ruling is merely an appearance ticket or notice to appear
[01:35:19.120 --> 01:35:24.400]  presumably requiring him to respond to or answer a certain court by a certain day
[01:35:25.120 --> 01:35:33.200]  to which the respondent has complied and noticed the court to date the respondent is without any
[01:35:33.200 --> 01:35:42.480]  proper valid response in a timely manner in the matter of the supassic versus hogland the new
[01:35:42.480 --> 01:35:48.480]  york state supreme court stated it's abundantly clear of course that a uniform traffic summons
[01:35:48.480 --> 01:35:54.800]  and complaint does not fulfill the function of an information and the conviction of a defendant
[01:35:54.800 --> 01:36:02.480]  other than upon a verified information gives rise to a jurisdictional defect one indeed that
[01:36:02.480 --> 01:36:10.320]  cannot be waived by a guilty plea and it's thus a nullity see also people versus jacobi
[01:36:12.320 --> 01:36:18.640]  and lastly in the recent case of people versus gabay the supreme court of new york
[01:36:18.640 --> 01:36:25.840]  held that it is a well settled if it is well settled that an appearance ticket is not an
[01:36:25.840 --> 01:36:34.080]  accusatory instrument and its filing does not confer jurisdiction over a defendant what year is
[01:36:34.080 --> 01:36:45.200]  that case that one right there that last one is 1997 hey how many times has the state legislature
[01:36:45.200 --> 01:36:52.720]  revised the statute uh that's what i want to have that's what i have to find out the court
[01:36:52.720 --> 01:37:00.720]  opinion is no longer valid if the legislature actually put into the statute that they may use
[01:37:00.720 --> 01:37:06.240]  the citation as a valid charging instrument in relation to those specific kinds of cases
[01:37:07.920 --> 01:37:13.760]  now if that statute doesn't exist your case law is valid if that statute does exist and
[01:37:13.760 --> 01:37:19.280]  there's case law in support of that then your case law no longer holds any water
[01:37:19.280 --> 01:37:27.680]  okay now give me some tips on because every time i go to look up new york state law i don't know if
[01:37:27.680 --> 01:37:33.120]  it's just this state for example the seatbelt law i went to look up the seatbelt law all i
[01:37:33.120 --> 01:37:40.160]  kept getting was here's a summary of the seatbelt law and i'd look it up in another website here's
[01:37:40.160 --> 01:37:45.360]  the summary we mean website what are you looking at websites if you're at the law library for
[01:37:45.360 --> 01:37:50.160]  why aren't you looking at the law books where the acts themselves exist where the bills the
[01:37:50.160 --> 01:37:56.160]  legislature used to write it exist and backtracking through the history that is stamped right at the
[01:37:56.160 --> 01:38:03.360]  bottom of that passage in that book that's exactly what i was trying to do but no matter where i went
[01:38:03.360 --> 01:38:09.120]  no matter what i put into the the search engine it's still okay stop stop stop
[01:38:09.120 --> 01:38:17.200]  i was looking for the law couldn't find it it took me does the new york library law library
[01:38:17.200 --> 01:38:25.680]  have librarians yeah well i do they look like that scene with neo and agent smith in the room
[01:38:25.680 --> 01:38:32.160]  where his mouth disappears well if you're not letting me you're not letting me tell you tell
[01:38:32.160 --> 01:38:38.480]  you what happened that's what i was looking for i was looking for the actual law that the
[01:38:38.480 --> 01:38:46.800]  legislature wrote but every time i looked for it i kept getting a summary of the law a summary of
[01:38:46.800 --> 01:38:54.240]  the seatbelt a summary of finally i called my state legislator i called my assemblyman
[01:38:55.200 --> 01:39:02.960]  and the office told me the address to look it up okay hold on just say gone i'm not i'm not
[01:39:02.960 --> 01:39:07.360]  misunderstanding what you're saying i know exactly what you're saying and you are the one that's not
[01:39:07.360 --> 01:39:13.840]  following what i'm saying you keep talking about going to a search engine and i just asked you are
[01:39:13.840 --> 01:39:21.600]  their living breathing libraries in this damn library people who could show you where the actual
[01:39:21.600 --> 01:39:30.240]  book on the shelf exists so you don't need a search engine you've got one built into them
[01:39:30.240 --> 01:39:37.200]  and i did that too with the law book dated back to the mid 40 and
[01:39:39.440 --> 01:39:46.960]  uh that's no good you need law books that are updated now well there you go now you're the
[01:39:46.960 --> 01:39:54.800]  expert wrong if you don't know the history of a law you don't understand the law it's that simple
[01:39:54.800 --> 01:40:02.080]  on all right and i didn't say anything about looking at the actual statute i said look at
[01:40:02.080 --> 01:40:09.840]  the bill that created the statute all right now where do i find that well that's why you
[01:40:09.840 --> 01:40:14.960]  asked your librarian so they can take you to the legislative journals that contain all of the bills
[01:40:14.960 --> 01:40:21.360]  that were up for debate on the floors of the houses and voted in the law okay so that i get
[01:40:21.360 --> 01:40:27.680]  the nomenclature right again what do i ask the librarian the exact word do i ask the librarian
[01:40:27.680 --> 01:40:35.360]  you say okay i have this statute deal that is in this current law i need to know two things about
[01:40:35.360 --> 01:40:41.840]  this statute i need to know what original act it came from which means the legislative bill
[01:40:41.840 --> 01:40:50.960]  that created it at the very beginning and i need access to that act so i can read it that's the two
[01:40:50.960 --> 01:40:57.360]  things i need to know about this statute now that i know how it was originally enacted and what its
[01:40:57.360 --> 01:41:03.920]  original purpose and subject matter is based upon the caption title and the language of the
[01:41:03.920 --> 01:41:08.960]  original bill and the discussion on the floor of the houses which you can get from the legislative
[01:41:08.960 --> 01:41:17.040]  journals as well i can now go back track this statute through history to see how it has been
[01:41:17.040 --> 01:41:23.680]  changed as far as wording but how it could but how it was never repealed and reenacted
[01:41:23.680 --> 01:41:28.080]  so as to change the original subject matter and purpose
[01:41:32.320 --> 01:41:32.640]  all right
[01:41:35.520 --> 01:41:39.520]  so that's what we got to do yeah it's called research
[01:41:39.520 --> 01:41:51.600]  all right thank you very much you're welcome anything else uh well i do have one more
[01:41:52.320 --> 01:41:57.360]  tell me if this is right here it comes i gotta pull it up
[01:41:57.360 --> 01:42:04.960]  okay
[01:42:07.120 --> 01:42:14.960]  a traffic ticket and here we go now here is a similar idea but with a different mechanic
[01:42:16.160 --> 01:42:20.080]  well no wait a minute are you going to read me another case about how citation is not a charging
[01:42:20.080 --> 01:42:26.400]  instrument no this is a little different it's a fact it's a lot different here it goes this is quick
[01:42:26.400 --> 01:42:31.360]  a traffic ticket charge isn't sufficient on its face because in order to allege the crime
[01:42:31.360 --> 01:42:36.480]  you must allege all the elements of the crime and if it's a traffic ticket you have to allege all
[01:42:36.480 --> 01:42:42.560]  the elements of the crime and one of those elements would be whether or not the crime or violation
[01:42:42.560 --> 01:42:48.480]  arises from private or commercial operation that's what makes the charges sufficient this
[01:42:48.480 --> 01:42:54.000]  should be the first element and without that element none of the elements none of the other
[01:42:54.000 --> 01:42:59.760]  elements matter right and that's exactly what i keep saying about not engaged in transportation
[01:42:59.760 --> 01:43:05.920]  that right there is the case now is this a court case no it's not a court case it's just
[01:43:06.960 --> 01:43:13.760]  principles that the okay stop stop stop stop are you telling me what you're reading from
[01:43:13.760 --> 01:43:25.040]  is not authoritative um it's not law it's not a court opinion it's not a public record
[01:43:27.200 --> 01:43:30.000]  from an official source it's none of those things
[01:43:34.640 --> 01:43:43.360]  is that accurate well that's all i'm reading that's not what i'm asking i'm asking you
[01:43:43.360 --> 01:43:47.440]  where did this information come from what are you reading it from
[01:43:49.680 --> 01:43:53.920]  hang on just a second let me take this break and i'll give you a moment to think about that
[01:43:53.920 --> 01:43:56.240]  all right folks we'll be right back so y'all hang on
[01:44:00.560 --> 01:44:06.480]  through advances in technology our lives have greatly improved except in the area of nutrition
[01:44:06.480 --> 01:44:11.360]  people feed their pets better than they feed themselves and it's time we changed all that
[01:44:11.360 --> 01:44:17.680]  our primary defense against aging and disease in this toxic environment is good nutrition
[01:44:17.680 --> 01:44:22.400]  in a world where natural foods have been irradiated, adulterated, and mutilated
[01:44:22.400 --> 01:44:28.640]  young jevity can provide the nutrients you need. Logos radio network gets many requests to endorse
[01:44:28.640 --> 01:44:34.640]  all sorts of products most of which we reject. We have come to trust young jevity so much we
[01:44:34.640 --> 01:44:40.800]  became a marketing distributor along with alex jones, ben fuchs, and many others. When you order
[01:44:40.800 --> 01:44:47.680]  from Logos radio network dot com your health will improve as you help support quality radio
[01:44:47.680 --> 01:44:53.520]  as you realize the benefits of young jevity you may want to join us as a distributor you can
[01:44:53.520 --> 01:44:59.840]  experience improved health help your friends and family and increase your income order now
[01:45:01.120 --> 01:45:07.600]  are you the plaintiff or defendant in a lawsuit win your case without an attorney with jurisdiction
[01:45:07.600 --> 01:45:14.080]  the affordable easy to understand four cd course that will show you how in 24 hours
[01:45:14.080 --> 01:45:20.880]  step by step if you have a lawyer know what your lawyer should be doing if you don't have a lawyer
[01:45:20.880 --> 01:45:26.720]  know what you should do for yourself thousands have won with our step by step course and now
[01:45:26.720 --> 01:45:33.360]  you can too. Jurisdictionary was created by a licensed attorney with 22 years of case winning
[01:45:33.360 --> 01:45:39.120]  experience even if you're not in a lawsuit you can learn what everyone should understand
[01:45:39.120 --> 01:45:44.720]  about the principles and practices that control our american courts you'll receive our audio
[01:45:44.720 --> 01:45:53.200]  classroom video seminar tutorials forms for civil cases prosa tactics and much more please visit
[01:45:53.200 --> 01:46:05.040]  ruleoflongradio.com and click on the banner or call toll-free 866 LAW-EASY
[01:46:23.200 --> 01:46:39.040]  BAD OF THE BONE
[01:46:39.040 --> 01:46:47.920]  i broke a thousand hearts before i met you i broke a thousand more babies before i entered
[01:46:47.920 --> 01:46:52.920]  I wanna be yours pretty baby, yours and yours alone
[01:46:52.920 --> 01:46:57.920]  I'm here to tell you how to act, that I'm bad to the bone
[01:46:57.920 --> 01:46:59.920]  Bad to the bone
[01:47:05.920 --> 01:47:09.920]  Alright folks, we are back, this is Rule of Law Radio
[01:47:09.920 --> 01:47:11.920]  We are now in the last segment of the show
[01:47:11.920 --> 01:47:14.920]  and we are still talking with John in New York
[01:47:14.920 --> 01:47:17.920]  Alright, let me get this plated down here
[01:47:17.920 --> 01:47:20.920]  Alright John, now, where?
[01:47:20.920 --> 01:47:22.920]  I don't know
[01:47:22.920 --> 01:47:24.920]  You don't know where you got this?
[01:47:24.920 --> 01:47:27.920]  I got it, that's all I know, I found it one day
[01:47:27.920 --> 01:47:29.920]  I just happened to find it
[01:47:29.920 --> 01:47:32.920]  What did you find it in?
[01:47:32.920 --> 01:47:36.920]  It was, you know, I don't remember
[01:47:36.920 --> 01:47:38.920]  Now I don't remember
[01:47:38.920 --> 01:47:40.920]  Okay, then how does it help you?
[01:47:40.920 --> 01:47:44.920]  Well, I'm asking you if it's real
[01:47:44.920 --> 01:47:48.920]  Well, it's the principle of what I keep talking about
[01:47:48.920 --> 01:47:50.920]  Private versus commercial
[01:47:50.920 --> 01:47:56.920]  Private is what we're doing outside of engaging in the regulated activity of transportation
[01:47:56.920 --> 01:47:58.920]  if we're talking about a traffic citation
[01:47:58.920 --> 01:48:00.920]  That's the distinction
[01:48:00.920 --> 01:48:04.920]  Me traveling privately in my car for my own personal business and pleasure
[01:48:04.920 --> 01:48:08.920]  is not regulated by the regulatory code that is the transportation code
[01:48:08.920 --> 01:48:11.920]  because I'm not engaged in transportation
[01:48:11.920 --> 01:48:18.920]  Hence, those statutes do not apply to me in that capacity, ever, for any reason
[01:48:18.920 --> 01:48:20.920]  So this is right, this is correct
[01:48:20.920 --> 01:48:24.920]  It's right, but it's not authoritative
[01:48:24.920 --> 01:48:27.920]  Okay, now what will it take to make it authoritative?
[01:48:27.920 --> 01:48:29.920]  Law
[01:48:29.920 --> 01:48:31.920]  Okay
[01:48:31.920 --> 01:48:40.920]  But if it's not written that the private transportation is covered by the commercial law
[01:48:40.920 --> 01:48:42.920]  How are you going to find it?
[01:48:42.920 --> 01:48:45.920]  Have you ever watched a magic act?
[01:48:45.920 --> 01:48:46.920]  A what?
[01:48:46.920 --> 01:48:49.920]  A magic act, a magician
[01:48:49.920 --> 01:48:51.920]  Oh yeah, smoke and mirrors, I know
[01:48:51.920 --> 01:48:52.920]  Okay
[01:48:52.920 --> 01:48:57.920]  So you don't really believe they're doing the magic, right?
[01:48:57.920 --> 01:48:59.920]  Well, I guess not
[01:48:59.920 --> 01:49:01.920]  Okay, no such thing, no such thing
[01:49:01.920 --> 01:49:05.920]  Then why do you think the law is doing that?
[01:49:05.920 --> 01:49:07.920]  Just because the law...
[01:49:07.920 --> 01:49:09.920]  Here's the thing about law
[01:49:09.920 --> 01:49:11.920]  Law must be specific
[01:49:11.920 --> 01:49:12.920]  Okay
[01:49:12.920 --> 01:49:14.920]  I know, that's exactly what I was going to say
[01:49:14.920 --> 01:49:17.920]  If it's not written in there, they can't enforce it
[01:49:17.920 --> 01:49:19.920]  Let me finish
[01:49:19.920 --> 01:49:21.920]  Okay, go ahead
[01:49:21.920 --> 01:49:26.920]  Therefore, what law does not say
[01:49:26.920 --> 01:49:32.920]  Often times is every bit of important as what it does say
[01:49:32.920 --> 01:49:35.920]  Yeah, well it doesn't say anything about private transportation
[01:49:35.920 --> 01:49:38.920]  It says they're about commercial
[01:49:38.920 --> 01:49:42.920]  And then they apply it to private so that they can make money
[01:49:42.920 --> 01:49:44.920]  By screwing you on with a traffic ticket
[01:49:44.920 --> 01:49:46.920]  And making money that way
[01:49:46.920 --> 01:49:47.920]  That's exactly what they're doing
[01:49:47.920 --> 01:49:50.920]  Are you now trying to teach me what this is?
[01:49:50.920 --> 01:49:51.920]  Well
[01:49:51.920 --> 01:49:58.920]  Because you're repeating what I already know a thousand times over what I've been teaching people on this network for 10 plus years
[01:49:58.920 --> 01:50:03.920]  The point I'm trying to get you to understand about law in relation to that is this
[01:50:03.920 --> 01:50:10.920]  It doesn't matter if the law specifically addresses the differences between private and commercial
[01:50:10.920 --> 01:50:18.920]  If the only subject matter that the legislature created the law to apply to in its original enactment was commercial
[01:50:18.920 --> 01:50:23.920]  Then the fact that it doesn't mention private is absolutely completely irrelevant
[01:50:23.920 --> 01:50:27.920]  That's exactly why I'm reading it to you
[01:50:27.920 --> 01:50:29.920]  Because, and if you'll let me get the phone
[01:50:29.920 --> 01:50:30.920]  You're not reading me the law
[01:50:30.920 --> 01:50:33.920]  You're reading me something you found
[01:50:33.920 --> 01:50:39.920]  But I read the transportation law and I know where did it say anything about private travel
[01:50:39.920 --> 01:50:43.920]  You're still not listening to what I'm saying
[01:50:43.920 --> 01:50:50.920]  Do you find where it said this law applies only to commercial use of the roads?
[01:50:50.920 --> 01:50:51.920]  No
[01:50:51.920 --> 01:50:52.920]  Okay
[01:50:52.920 --> 01:51:02.920]  Then the point here is how are you going to make that distinction based upon what the law does say?
[01:51:02.920 --> 01:51:07.920]  Otherwise, law is subject to interpretation
[01:51:07.920 --> 01:51:14.920]  You must direct the interpretation into the only place it can fit
[01:51:14.920 --> 01:51:22.920]  And in order to do that you have to show how the law was written and conceived and what it was enacted to do
[01:51:22.920 --> 01:51:28.920]  So whatever you're reading from doesn't matter if you can't show that it's an authority
[01:51:28.920 --> 01:51:34.920]  It may give you an idea about what to look for and how to word the argument you're going to make with it
[01:51:34.920 --> 01:51:39.920]  But the fact remains, it by itself doesn't help you at all
[01:51:39.920 --> 01:51:46.920]  So this doesn't help the fact that the law, the transportation code was written for commercial drivers only
[01:51:46.920 --> 01:51:47.920]  And I was driving
[01:51:47.920 --> 01:51:50.920]  Are you going to introduce this to whatever it is you found?
[01:51:50.920 --> 01:51:52.920]  Hey, judge, here's my evidence!
[01:51:52.920 --> 01:51:54.920]  Well, what is this?
[01:51:54.920 --> 01:51:55.920]  I don't know!
[01:51:55.920 --> 01:51:57.920]  But here's my evidence!
[01:51:57.920 --> 01:51:58.920]  Well, where'd you get it?
[01:51:58.920 --> 01:51:59.920]  I don't know!
[01:51:59.920 --> 01:52:01.920]  But here's my evidence!
[01:52:01.920 --> 01:52:03.920]  You see how that's going to play out?
[01:52:03.920 --> 01:52:12.920]  Well, you're not, I know that you know what the answer is
[01:52:12.920 --> 01:52:16.920]  But you don't know where I'm coming from, even though you think you do
[01:52:16.920 --> 01:52:20.920]  Okay, I wonder how many times I've heard that one before, but give it a shot
[01:52:20.920 --> 01:52:24.920]  Okay, let me finish my thought
[01:52:24.920 --> 01:52:29.920]  The transportation code is written for commercial drivers
[01:52:29.920 --> 01:52:30.920]  Now how do we know that?
[01:52:30.920 --> 01:52:33.920]  You go, you read the law
[01:52:33.920 --> 01:52:38.920]  When the government wants to do something
[01:52:38.920 --> 01:52:41.920]  The law has to allow them to do it
[01:52:41.920 --> 01:52:44.920]  It has to be written somewhere
[01:52:44.920 --> 01:52:52.920]  There's no law that says, I can't stand on my head at 12 midnight and spit chewing gum out on the grass
[01:52:52.920 --> 01:52:56.920]  There's no law that says I can't do this
[01:52:56.920 --> 01:52:57.920]  So?
[01:52:57.920 --> 01:53:01.920]  That depends on whether or not they try to put it in the law on littering
[01:53:01.920 --> 01:53:03.920]  Yeah, I know, I know, I know
[01:53:03.920 --> 01:53:11.920]  But if the law doesn't say that I can't stand on my head at 12 midnight, I can do it
[01:53:11.920 --> 01:53:23.920]  However, if the police or a government agency or a president or a senator wants to do something
[01:53:23.920 --> 01:53:27.920]  They have to be given the permission to do it by law
[01:53:27.920 --> 01:53:28.920]  Okay
[01:53:28.920 --> 01:53:33.920]  It's just in the reverse for an average citizen
[01:53:33.920 --> 01:53:36.920]  The average citizen, if it's not against the law, you can do it
[01:53:36.920 --> 01:53:39.920]  And you're not hurting anybody, it's okay
[01:53:39.920 --> 01:53:45.920]  But in order to give government the authority to do something, it has to be expressly written
[01:53:45.920 --> 01:53:50.920]  And there's nothing expressly written about private transportation
[01:53:50.920 --> 01:53:53.920]  Private travel, correct?
[01:53:53.920 --> 01:54:04.920]  It hasn't been written into law to allow them to say, well, you didn't follow the private transportation code, it doesn't exist
[01:54:04.920 --> 01:54:08.920]  You can't privately, you're governed under commercial law
[01:54:08.920 --> 01:54:12.920]  And you were driving privately
[01:54:12.920 --> 01:54:16.920]  It doesn't say anything about that
[01:54:16.920 --> 01:54:20.920]  All it says is it's governed commercial travel
[01:54:20.920 --> 01:54:24.920]  It doesn't give them the authority to give me a ticket and clamp down on me
[01:54:24.920 --> 01:54:26.920]  Wait a minute, wait a minute
[01:54:26.920 --> 01:54:32.920]  Again, you just made a general statement that I want to know how you're supporting it
[01:54:32.920 --> 01:54:34.920]  And so are they
[01:54:34.920 --> 01:54:38.920]  You just said the law is written to govern commercial
[01:54:38.920 --> 01:54:39.920]  Okay
[01:54:39.920 --> 01:54:40.920]  Right
[01:54:40.920 --> 01:54:45.920]  Where does it say that expressly?
[01:54:45.920 --> 01:54:51.920]  You've got to read the whole law to get that knowledge
[01:54:51.920 --> 01:54:53.920]  That's not my question
[01:54:53.920 --> 01:54:58.920]  You're saying that whatever the thing is has to be written into the law
[01:54:58.920 --> 01:55:04.920]  That's the reason why they've intentionally worded the law the way that they have
[01:55:04.920 --> 01:55:05.920]  To hide
[01:55:05.920 --> 01:55:09.920]  I know, it's ambiguous
[01:55:09.920 --> 01:55:14.920]  Or they think it is
[01:55:14.920 --> 01:55:17.920]  They think it is
[01:55:17.920 --> 01:55:21.920]  My point here being, and it's still the same, it hasn't changed
[01:55:21.920 --> 01:55:24.920]  And I knew exactly where you were going to go with this
[01:55:24.920 --> 01:55:28.920]  You said exactly what I knew you were thinking and exactly what you were going to do
[01:55:28.920 --> 01:55:29.920]  You're absolutely right
[01:55:29.920 --> 01:55:34.920]  In order for government to have power over something, a law must be enacted to give it to them
[01:55:34.920 --> 01:55:40.920]  But when they write the law intentionally in such a way as to use common English terms within the meaning of the law
[01:55:40.920 --> 01:55:49.920]  Whether they define them differently or not to encompass us to act within a subject matter
[01:55:49.920 --> 01:55:52.920]  And you don't know what that subject matter is
[01:55:52.920 --> 01:55:57.920]  Then it can be read any way they want it to in relation to common English meaning
[01:55:57.920 --> 01:55:59.920]  That's what Black's Law Dictionary is
[01:55:59.920 --> 01:56:02.920]  Black's Law Dictionary is not authoritative
[01:56:02.920 --> 01:56:06.920]  It has no authority to control what the course decide anything means
[01:56:06.920 --> 01:56:09.920]  Am I clear on that?
[01:56:09.920 --> 01:56:16.920]  Black's Law Dictionary will give you the case law that created the definition it uses
[01:56:16.920 --> 01:56:21.920]  You cite the case, not the dictionary
[01:56:21.920 --> 01:56:28.920]  You cite the federal law in relation to a federal definition, not the dictionary
[01:56:28.920 --> 01:56:33.920]  Your problem arises when you have failed to establish using law
[01:56:33.920 --> 01:56:42.920]  A direct relationship between the law that's being used in the state and the law as it's governed by the federal law that was enacted under
[01:56:42.920 --> 01:56:45.920]  And because of and funded by
[01:56:45.920 --> 01:56:54.920]  When you fail to make that connection, then it doesn't matter if you use the definition out of Title 18 or Title 49 or anywhere else
[01:56:54.920 --> 01:57:03.920]  In federal law in relation to what transportation or motor vehicle or driving or operating or what color is the damn grass at all
[01:57:03.920 --> 01:57:10.920]  Doesn't matter because you can't show that the federal law has any control over what was enacted within the state
[01:57:10.920 --> 01:57:12.920]  Can you?
[01:57:12.920 --> 01:57:22.920]  It's just your opinion, it's just your theory, it's just your belief, but you can't prove it, can you?
[01:57:22.920 --> 01:57:24.920]  Well, that's what I did
[01:57:24.920 --> 01:57:36.920]  No, you didn't. Where did you tell me here's the law that shows the state law in New York is directly dependent upon the federal law at the federal level under this act?
[01:57:36.920 --> 01:57:39.920]  I didn't hear you mention any of that
[01:57:39.920 --> 01:57:41.920]  So that's the missing P?
[01:57:41.920 --> 01:57:51.920]  That depends. It depends on what you're arguing. Are you arguing the validity of the law? Are you arguing the validity of the citation as a charging instrument?
[01:57:51.920 --> 01:58:00.920]  Those are two completely different arguments, requiring two completely different sets of proof
[01:58:00.920 --> 01:58:02.920]  So what do you need again?
[01:58:02.920 --> 01:58:07.920]  I ain't got time to tell you that again, John. I'm out of time. Don't you hear the music?
[01:58:07.920 --> 01:58:09.920]  Yeah, I hear the music
[01:58:09.920 --> 01:58:13.920]  Alright, I wish you luck, man
[01:58:13.920 --> 01:58:15.920]  Alright, have a good one
[01:58:15.920 --> 01:58:22.920]  Folks, this has been the Monday Night Rule of Law radio show with your host, Eddie Craig. I want to thank all the callers who called in, both of them, three of them, whatever of them
[01:58:22.920 --> 01:58:29.920]  And for all the listeners out there, please folks, if you can donate, please go to Fundraiser, participate
[01:58:29.920 --> 01:58:35.920]  We really, really, really need your financial support. Things are dire around here and y'all are the only help we've got
[01:58:35.920 --> 01:58:49.920]  So y'all hang in there and we will see you next week
[01:58:49.920 --> 01:59:07.920]  Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version. The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says, verse by verse, helping you to know God and to know the meaning of life.
[01:59:07.920 --> 01:59:29.920]  Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 or visit us online at bfa.org. This translation is highly accurate and it comes with over 13,000 cross references, plus charts and maps and an outline for every book of the Bible.
[01:59:29.920 --> 01:59:49.920]  This is truly a Bible you can understand. To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102. That's 888-551-0102 or visit us online at bfa.org.
[01:59:59.920 --> 02:00:09.920]  Thank you for watching.